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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.
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 ...
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 ...
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]
The right to life, liberty and security of the person, and in another section, rights to fundamental justice (the Charter combines those rights in Section 7) The right to the enjoyment of property, which is not enshrined in the Charter; The right to counsel (now in Section 10 of the Charter). Section 2 of the Bill of Rights reads as follows: 2.
R v Lucas is the leading Supreme Court of Canada decision on the criminal offence of defamatory libel. [2] The Court held that the Criminal Code offence of defamatory libel infringed the constitutional protection of freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms, but the offence was a reasonable limit prescribed by law under Section 1 of the Charter.
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 ...