Legal Rights in Canada

1.  
Charter of Rights and Freedoms
Law 120

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)

11. p.95-100
R.v Parker #1-3
R. v. Askov #1-2
BYU p.100 #1-8