2. Sections 7-14 of Charter
Covers initial investigation of a crime until
sentencing of offender
If courts determine rights infringed by
police, Crown or other members of
Criminal Justice system they may impose
remedies
o Exclusion of evidence
o Dismissing charges
3. Cannot be deprived of these rights except in accordance
with the principles of fundamental justice.
Seemingly simple right actually complex
o Right to life vs abortion (when does life begin?)
o Assisted Suicide – Sue Rodriguez – right to die(security of the
person)
Right to liberty associated with criminal cases.
o Not deprived of this right unless due process (innocent until
proven guilty, burden of proof, right to fair hearing)
Right to security – protect people against certain forms
of corporal punishment/physical suffering (R v.
Morgentaler)
4. Section 8 guarantees that people will not be
subject to unreasonable search and seizure
Police must have good reason (probable cause)
and search must be conducted fairly (no fishing
expeditions)
Some laws give police more power in searches
o Controlled Drug and Substances Act allow police the
power to search any place (except a residence)
where they suspect drugs are concealed without
obtaining a warrant beforehand.
5. Section 9 of the Charter
Everyone has the right not to be arbitrarily
detained or imprisoned.
People cannot be held for questioning,
arrested, or kept in jail by the police
without a good reason.
Roadside checks for impaired drivers
legal?
o Considered to be reasonable limit prescribed
by law by the Supreme Court.
6. Once arrested everyone has certain rights.
o Must be informed promptly the reason for arrest (interpretation of
the word promptly – generally when the person is arrested)
Accused must be informed of his/her right to legal
counsel. If the accused cannot afford, he/she must be
advised that legal aid is available.
o If you have a job, you generally do not qualify
o Does not mean you have a right to a lawyer but to receive legal
advice – duty counsel
Once an accused requests to speak to a lawyer, the
police must stop questioning the accused until he/she
has had the opportunity to confer with counsel.
7. Section 11 of Charter - accused must be charged within
a reasonable amount of time. (R v Askov – 3 years for
trial)
o cannot be forced to testify at his/her own trial
o considered innocent until proven guilty
o cannot be denied reasonable bail without just cause
o Accused cannot be convicted unless the law under which he/she
was charged was in force at the time of the offence and
specifically stated that the actions were illegal
o If charged/tried for an offence and found not guilty, that person
cannot be tried for the same charge again.
o If someone commits an offence and a new law alters the fine or
term of the imprisonment, person must be sentenced by
whichever law is more lenient
8. Section 12 of Charter – governments must
not treat/punish individuals in an
unnecessarily harsh fashion
When determining whether an offence is
cruel and unusual the Court must consider
o The gravity of the offence
o The personal characteristics of the offender
o The particular circumstances of the case
9. Section 13 of Charter – guarantees witnesses
giving evidence cannot have their testimony
given against them.
Section 14 of Charter – to ensure that persons
charged with a criminal offence are given full/fair
opportunity to understand the case against them
anyone who is hearing impaired or cannot
understand/speak the language used in court
has the right to an interpreter
10. Section 15 of Charter – every individual is equal before
and under the law and has the right to equal protection
and equal benefit of the law without discrimination.
Limitation placed on Section 15 states that the
government can put programs in place that would
improve the conditions of certain disadvantaged
people/groups even if they are seen as discriminatory to
the majority. (handicapped parking)