A fundamental concept of a criminal trial is the “procedural protection” accorded to an accused. As Rand J. said in Parkes (p. 774 S.C.C.) quoting the Lord Chief Justice of England in Martin v. MacConachie (1878), 3 Q.B.D. 730 at pp. 775-776: … The procedure by which an offender is tried though but ancillary to the application of the substantive law and to the ends of justice is as much a part of the law as the substantive law itself.
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