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Published byViolet Baldwin Modified over 8 years ago
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Theren’s Case Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform Courts could only declare a law invalid if it exceeded the scope of their authority Charter meant the court could strike down any law which infringed on rights listed in CCRF
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Idea of being informed of right to a lawyer is a misconception prior to 1982. Only American’s had to be informed of a right to a lawyer Media Miranda only applied in U.S. Charter of Rights and Freedoms guaranteed this right for Canadians
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Case of Paul M. Therens Night of drinking Learned friends killed while canoeing Drove his car home and smashed into tree Police demanded Therens provide breath sample Did not inform him of right to a lawyer Went to police station and gave breath sample Charged and later convicted with impaired driving
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Charter challenge Lawyer argued Therens detained in police station and denied right to a lawyer Guaranteed in s. 10 (Charter) Supreme Court overturned conviction ruling test results wrongly obtained Admit them would “bring administration of justice into disrepute” Message: Supreme Court would exclude evidence if Charter Rights not respected.
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