The adversarial system involves two opposing parties presenting their cases before an impartial decision-maker
In Canada’s legal system, the adversarial process functions as a structured legal debate where each side presents their strongest case. A neutral judge or jury serves as the impartial adjudicator, evaluating evidence and arguments to reach a fair decision.
- The prosecution/plaintiff presents their case first, including evidence and witnesses
- The defence/defendant responds with counter-arguments and their own evidence
- Both sides can cross-examine witnesses and challenge evidence
- The judge ensures proper legal procedure and rules on objections
- The final decision is based on the merits of arguments and evidence presented