The Charter Lesson Two. Legal Rights 7. Everyone has the right to life, liberty and the security of the person and the right not to be deprived thereof.

Slides:



Advertisements
Similar presentations
Indivisible - incapable of being divided: one nation indivisible. "I pledge allegiance to the Flag of the United States of America and to the Republic.
Advertisements

The American Legal System
1 CONSTITUTION ACT, 1982 Some Notable Features. 2 PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS  Whereas Canada is founded upon principles that recognize.
+ How Well Do You Know Your Rights?. + #1: You are arrested and taken to jail. When you ask the reason for your arrest the police officer refuses to tell.
Bill of Rights.
The Government must respect ALL legal rights of all people. It must treat people fairly.
Canadian Charter of Rights and Freedoms
The Bill Of Rights.
Charter of Rights and Freedoms: Overview The Charter protects several rights and freedoms The Canadian Charter of Rights and Freedoms is part of Canada’s.
Amendment: (noun) a change made to a law or document Founders wanted Constitution to be a “living document” (able to evolve with the nation) Making changes.
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms
The Bill Of Rights The First Ten Amendments to the Constitution
The Judicial Branch The Criminal Justice Process.
The Basics AMERICAN GOVERNMENT. The Bill of Rights  What is the Bill of Rights?  The Bill of Rights are the first ten amendments.  Why was the Bill.
Call to Order These three officers were accused of taking two Baltimore teens out to the county, taking their shoes and cellphone batteries, and leaving.
THE FIRST TEN AMENDMENTS TO THE US CONSTITUTION The Bill of Rights.
{ Criminal Trial Procedure What happens when the police arrest a criminal suspect?
Law Reform Commission Criminal Process Pre-Trial Procedures Pierre Rosario DOMINGUE Chief Executive Officer Wednesday, May 7,
Grade 11 Law B. Hergott The Canadian Charter of Rights and Freedoms: An Introduction.
Bill of Rights.
Chapter 1 What is Law?. Laws and Values Our current legal system is based on values that our government and society believe are most important to keep.
Changing The Law CLN4U.
History Alive Chapter 10 The Bill of Rights.
Legal Rights The Constitution guarantees us our basic legal rights.
What The Charter Says. Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it.
The Canadian Charter of rights and freedoms. THE CANADIAN CONSTITUTION AND THE CHARTER Charter was entrenched in the Constitution with the passage of.
The Charter of Rights and Freedoms What is the Charter? A constitutional document that defines the rights and freedoms of Canadians and establishes the.
People in a Courtroom. People in a courtroom Criminal Court Judge Jury Defendant Prosecutor Bailiff Defense Attorney Witness Civil Court Judge Defendant.
The Bill of Rights The First 10 Amendments to the Constitution Take notes on the slides as they appear. Draw pictures to represent at least five of the.
Legal aspects of forensics. Civil Law private law ◦ Regulates noncriminal relationships between individuals, businesses, agency of government, and other.
Unit #2.  Would the Charter of Rights and Freedoms have any application in April’s complaint?  What is the difference between a right and a privilege?
Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,
The Bill of Rights The first 10 amendments (changes/additions) to the U.S. Constitution.
The Bill of Rights The first ten amendments to the Constitution. These amendments were ratified December 15, 1791, and form what is know as the “Bill of.
Due Process Amendments What is due process? Due process, for the people of the United States, refers to how laws are enforced why laws are.
Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms.
Section 8 8. Everyone has the right to be secure against unreasonable search or seizure. (unreasonable v. consent?)
BELLWORK What are the three types of crime? (Page 430)
First 10 Amendments to the United States Constitution.
PROTECTION OF RIGHTS 1. Balancing Rights 2. Rights of Accused 3. Rights of Victims 4. Questions to Complete.
Title Slide. First Amendment In your OWN words 2 Pictures Freedoms, Petitions, Assembly Congress shall make no law respecting an establishment of religion,
The relationship with rights and responsibilities The relationship with rights and responsibilities The fundamental freedoms within the Charter of Rights.
Judicial Branch Basics and “Due Process”. Basic Structure of the Judicial Branch Supreme Court (original and appellate jurisdiction) 13 Circuit Courts.
The Bill of Rights Quick! Write down as many rights as you can remember!
 -Freedom of Religion  -Freedom of Assembly  - Freedom of Press  - Freedom of Petition  - Freedom of Speech.
Individual Rights The rights of the people protected in the Bill of Rights including: Economic rights related to property Political rights related to.
Mr. Lauta The Bill of Rights
Amendments! Those that most affect us in the Criminal Justice profession include; First Second Fourth Fifth Sixth Eighth Fourteenth!
Civil Liberties: Protecting Individual rights
Lesson 32: How Do the Fifth, Sixth, and Eighth Amendments Protect Rights Within the Judicial System?
The Amendments that reflect fundamental changes in our society
Amendments to the Constitution Bill of Rights
Crime and Justice in the US.
The U.S. Bill of Rights.
Quick! Write down as many rights as you can remember!
The Bill of Rights The first 10 amendments to the Constitution
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights & Freedoms
The Bill of Rights: The First 10 Amendments to the Constitution
The Bill of Rights.
Crime and Justice in the US.
The Canadian Charter of Rights and Freedoms
The Bill of Rights: The First 10 Amendments to the Constitution
Protecting the basic freedoms since 1791
LET’S FLY THROUGH THE CHARTER
Canada’s Constitution
The Charter Lesson Two.
The Courts, Constitution and the Bill of Rights: Due Process
WARM-UP Why do you think the framers of the constitution felt it necessary to place a “bill of rights” into the document?
Presentation transcript:

The Charter Lesson Two

Legal Rights 7. Everyone has the right to life, liberty and the security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice BIG MISTAKE: The American version states that everyone has the right to “life, liberty and the pursuit of happiness”. The Canadian version is NOT the same!

Legal Rights, Cont’ed 8. Everyone has the right to be secure against unreasonable search or seizure 9. Everyone has the right not to be arbitrarily detained or imprisoned 10. Everyone has the right on arrest or detention a. to be informed promptly of the reason there for; b. to retain and instruct counsel without delay and to be informed of that right; and c. to have the validity of the detention determined by the way of habeas corpus and to be released if the detention is not lawful

Legal Rights Cont’ed Translation of 8-10: -everyone has the right to be protected against search and seizure for no reason (by means of a warrant in most cases), not to be detained or imprisoned without reason, and upon being arrested or detained, the right to be told why and the right to get a lawyer.

Legal Rights, Cont’ed The final right (10c) deals with the right to habeas corpus. This Latin term allows a detainee to be brought before a judge to determine whether that person is being held lawfully or not.

Legal Rights Cont’ed 11. Any person charged with an offence has the right a. to be informed without unreasonable delay of the specific offence; b. to be tried within a reasonable time c. not to be compelled to be a witness in proceedings against that person in respect of the offence d. to be presumed innocent until proven guilty e. not to be denied reasonable bail without just cause

Legal Rights Cont’ed Translation of 11 a-e: -those charged with a crime have the right to be told what they’re being charged with, be tried within a reasonable time, not to be a witness against themselves (the American 5 th amendment), to be innocent until proven otherwise in a fair trial, and not to be denied reasonable bail unless there is a reason for doing so.

Legal Rights Cont’ed 11f. Except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more sever punishment. g. not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian law or international law or was criminal according to the general principles of law recognized by the community of nations

Legal Rights Cont’ed Translation of 11 (f) (g): -accused have the right to be tried in front of a jury of their peers (unless in military court) and not to be found guilty because something was left out during trial unless there was a legal reason.

Legal Rights, Cont’ed 11. (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and (i) if found guilty of the offence, and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Legal Rights, Cont’ed Translation of 11 (h) (i): -you cannot be tried for the same crime twice (also known by the American name “double jeopardy” and if you are found guilty and the laws have changed regarding sentencing between the time of the crime and the date of your sentencing trial, you are allowed to have the lesser sentence.

Legal Rights Cont’ed 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence 14. A part or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Legal Rights Cont’ed Translation of 12-14: -you are to be free from cruel and unusual punishment -witnesses are not to have their statements made in court used against them except if they are perjuring themselves or are giving contradictory evidence. -those who need an interpreter have the right to one.

Equality Rights 15(1). Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability

Equality Rights 15 (2). Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability