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By the end of this chapter, you should be able to: LO1 Explain the function and purpose of the criminal justice system. LO2 Explain the rule of law and its significance in Canadian law. LO3 Describe the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms. LO4 Identify the procedural safeguards that exist in the criminal justice system. LO5 Describe the due process and crime control philosophies of criminal justice. LO6 Identify the types and categories of laws that exist in Canada. LO7 Identify the components of the criminal just system. LO8 Describe the relationship between the media and the criminal justice system. LO9 Describe the way in which a criminal case is processed through the criminal justice system. Copyright 2013 McGraw-Hill Ryerson Ltd. 1 LEARNING OBJECTIVES
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The rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms Guaranteed fundamental freedoms Freedom of conscience and religion Freedom of thought, belief, opinion and expression Freedom of peaceful assembly Freedom of association Copyright 2013 McGraw-Hill Ryerson Ltd. THE CHARTER OF RIGHTS AND FREEDOMS 2 LO3
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The rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms Guaranteed Rights Democratic rights Mobility rights Legal rights Equality Rights Language Rights Copyright 2013 McGraw-Hill Ryerson Ltd. THE CHARTER OF RIGHTS AND FREEDOMS 3 LO3
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“The Charter” is part I of the Constitution Act, 1982 It is the “supreme” law of Canada, every other law in Canada must be consistent with it Copyright 2013 McGraw-Hill Ryerson Ltd. THE CHARTER OF RIGHTS AND FREEDOMS 4 LO3
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Section I identifies that not all rights and freedoms are absolute The “notwithstanding clause’ Federal and provincial governments have the ability to override specific Charter rights in certain situations Ensures that at trial, the burden of proof rests with the Crown Copyright 2013 McGraw-Hill Ryerson Ltd. THE CHARTER OF RIGHTS AND FREEDOMS 5 LO3
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