Due process

Principles of procedural fairness that have evolved through the common law.

Refers to the idea that the legal rights of a person in the criminal or youth justice system are protected, in particular, the expectation that an accused person will have access to legal representation and a fair hearing. The trend toward adoption of a due process model of justice in Canada was reflected in and reinforced by the adoption of the Canadian Charter of Rights and Freedoms in 1982. The Juvenile Delinquents Act placed much less emphasis on due process than the Young Offenders Act. The Youth Criminal Justice Act also maintains a due process model of juvenile justice.