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The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code as well as legal tradition. [1] Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be "reasonable informed" of the charge; thus it does not matter if a summons ...
The police can file a first information report (FIR) only for cognisable offences. In cognizable cases police can make an investigation without prior permission of a magistrate. Cognizable cases are more serious than non-cognizable cases. [3] Normally, serious offences are defined as cognizable and usually carry a sentence of 3 years or more. [4]
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
The wording of section 7 says that it applies to "everyone". This includes all people within Canada, including non-citizens. [4] It does not, however, apply to corporations. [5] Section 7 rights can also be violated by the conduct of a party other than a Canadian government body.
In 2019, the Trudeau government made a large revision to the Code which repealed numerous unconstitutional or archaic offences that had remained in it up to that point [7]. One of the conveniences of the Criminal Code was that it constituted the principle that no person could be convicted of a crime unless otherwise specifically outlined and ...
Guindon v Canada, 2015 SCC 41 is a landmark decision of the Supreme Court of Canada on the distinction between criminal and regulatory penalties, for the purposes of s.11 of the Canadian Charter of Rights and Freedoms. It also provides guidance on when the Court will consider constitutional issues when such had not been argued in the lower courts.
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
R v Daviault [1994] 3 S.C.R. 63, is a Supreme Court of Canada decision on the availability of the defence of intoxication for "general intent" criminal offences. The Leary rule which eliminated the defence was found unconstitutional in violation of both section 7 and 11(d) of the Canadian Charter of Rights and Freedoms.