The Canadian Charter of Rights & Freedoms What are our legal rights in Canada?

Legal Rights (ss. 7 to 14) Under ss. 7 to 14 of the Charter, Canadians are guaranteed legal rights at all stages of the criminal justice process.

S. 7: Life, Liberty and Security of the Person Courts have wrestled w/ meaning of “security of the person” Tech advances have led to the unrestricted access to information; issue of personal security Courts face challenge of balancing rights of the ind’l & rights of the majority to public health & safety. Landmark Cases: R. v. Morgentaler, R. v. Latimer, Rodriguez v. British Columbia

S. 8: Unreasonable Search + Seizure Police cannot randomly search people for the purpose of seeing if they possess something Often involves drug- related cases; if obtained unlawfully S.24 of Charter can be used to exclude it as evidence. Police need a good reason for searching the person, the homes or belongings of an accused.

S. 9: Arbitrary Detention or Imprisonment Guarantees freedoms from meaningless and unfair arrest + jail sentence R. v. Hufsky (1988) Failed breathalyser test in random spot check Not considered a violation of section 9 b/c it was deemed a reasonable limit for the purpose of highway safety by the S.C.C. Police officers cannot use pretext of “random spot check” to search your vehicle for evidence.

S. 10 Arrest or Detention If arrested, you are entitled to be: Informed of the reasons for your arrest Informed of your right to a lawyer Informed of legal aid services Once you have requested a lawyer, the police may not continue questioning you until you get one.

S. 11 Proceedings in Criminal + Penal Matters Protects anyone charged with an offence under Federal or Provincial law: Must be told what offense you’re charged with Must be given a trial in a reasonable time Giving testimony is optional Bail cannot be denied w/out just cause If the law changes before you are sentenced you must be given the more lenient sentence. Double Jeopardy: -Cannot be punished for the same offense twice

S. 12 Cruel & Unusual Punishment Punishment should fit the crime and not be cruel or unusual When determining a sentence, courts must consider: The gravity of the offence The personal characteristics of the offender The particular circumstances of the case Corporal Punishment was legal in Canada until 1972 Capital Punishment was legal in Canada until 1976 Conveys that the law often reflects our social conscience + attitudes toward punishment

S. 13 and S. 14: Rights of Witnesses in Court S.13 Witness Rights (Self-Incrimination) A witness who testifies cannot have any incriminating evidence (included in their testimony) be used to incriminate them in subsequent proceeding. Exception: If it can be proven that a witness committed perjury or gave contradictory evidence. S.14 Right to an Interpreter Offered to those who do not understand or speak the language or who are death.