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Section 10(a) requires that a person who is arrested or detained must be told why. [1] In R. v. Latimer (1997), the Supreme Court of Canada considered an argument in which a person, Robert Latimer, was told he was being "detained", but was not told he was being "arrested" and could be charged with the murder of his daughter. The Court found ...
This provides a right against self-incrimination. R. v. Hebert, [1990] 2 SCR 151 confirms that this right extends to situations where the police employ "unfair tricks" such as sending an undercover police officer to pose as a sympathetic cellmate. Another right against self-incrimination can be found in section 13 of the Charter.
Section 9 of the Canadian Charter of Rights and Freedoms, found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. Section nine states: 9. Everyone has the right not to be arbitrarily detained or imprisoned.
In all Canadian provinces and territories, criminal prosecutions are brought in the name of the "King in Right of Canada". [citation needed] There are two basic types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no ...
Important Canadian criminal laws not forming part of the Code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act. The Code underwent a major revision in 1954 but nonetheless remains the fundamental criminal law of Canada ...
There are a number of constitutional rights guaranteed in the Canadian Charter of Rights and Freedoms that can affect criminal sentencing: Section 7 states "everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Since most ...
The scammer claimed their grandson had been arrested and the money was needed for his release. Canadian woman arrested in $10k scam on grandparent, claiming grandson was arrested Skip to main content
Printed copies of the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. [19] The Charter guarantees political, mobility, and equality rights and fundamental freedoms such as freedom of expression, freedom of assembly and freedom of religion for private individuals and some organisations. [20]