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R v Grant, 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24 (2) of the Canadian Charter of Rights and Freedoms (" Charter "). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the Charter.
Text. The section reads: 10. Everyone has the right on arrest or detention. a) to be informed promptly of the reasons therefor; 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 way of habeas corpus and to be released if the detention is not lawful.
The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil ...
Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which ...
Canadian Charterof Rights and Freedoms. Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information ...
Administrative detention. Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries [1] claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect ...
In R. v. Nova Scotia Pharmaceutical Society the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a). In R. v. Delaronde (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair trial but also to serve as an ...
The particular characteristics or circumstances of the individual where relevant, including age; physical stature; minority status; level of sophistication. Where section nine has been invoked the Crown must show that the police were acting under a lawful duty arising from either the common law (per the R. v. Waterfield test) or from a statute ...