The Charter Lesson Two

Legal Rights 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!

You Be The Judge Pg 49 Do you agree with the Supreme Court’s Decision in this case? Do you think the assisted suicide law should still be in the Criminal Code?

Legal Rights, Cont’ed Everyone has the right to be secure against unreasonable search or seizure Everyone has the right not to be arbitrarily detained or imprisoned 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.

You Be the Judge Pg. 50 Do you agree with the court’s decision? Why or Why 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 5th 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 11 f. 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 (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

R. v. Chaisson Why did Chaisson argue that his rights were violated? Why did Chaisson want the evidence thrown out? Why do you think the trial judge did not exclude the evidence under section 24(2)? Why do you think the court of appeal overturned this decision?

Home work Read Pg. 48-60 Do #1-5 on Page 60