Final answer:
The adversary system in the Canadian legal system is a method of dispute resolution where two opposing sides present their cases to an impartial judge or jury. Parties disclose evidence to one another, and the plaintiff has the burden of proof. This system upholds both the pursuit of truth and the rights of the defendants.
Step-by-step explanation:
The adversary system is a legal concept in the Canadian legal system and other common law jurisdictions where two opposing parties present their cases before an impartial judge or jury. It is rooted in the notion that the best way to bring out the truth is by having two sides of a dispute present their strongest arguments, facilitated by equal access to evidence through a process called disclosure. In this system, the plaintiff or prosecution brings the case against the defendant, who is entitled to a defense. The burden of proof lies with the plaintiff in civil cases, and in criminal cases, where the government is always the plaintiff. The adversarial system is distinct from inquisitorial legal systems used in some other countries, where the judge plays a more active role in investigating the facts of the case. In Canada, as in the United States, the legal processes such as disclosing evidence, arguing motions, and presenting cases in court are part of the adversary judicial system. This system operates on the principle that justice is best served when opposing parties have the opportunity to present their case, challenge each other's evidence, and strive for a fair decision from an unbiased adjudicator. The goal is not only to determine guilt or innocence, or liability or exoneration, in criminal and civil cases, respectively, but also to ensure the fundamental rights of all parties are protected during the legal process.