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Section 10 of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test and/or the notwithstanding clause. However ...
The Canadian law of bail is derived from the principles of bail which evolved in the English common law.In particular, the right to be released without excessive bail was enshrined in the English Bill of Rights, [1] which was part of the law of the colonies in British North America.
The reference to a fair hearing allows one a right to "full answer and defence", a right also based in section 7 of the Charter ("fundamental justice"). This has led to a controversial string of decisions surrounding the rape shield law, starting with R. v. Seaboyer (1991) and ending with R. v. Mills (1999).
R v Prosper, [1994] 3 S.C.R. 236 is a decision of the Supreme Court of Canada on the right to duty counsel upon arrest or detainment by police under section 10(b) of the Canadian Charter of Rights and Freedoms.
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.
The Canadian Charter of Rights and Freedoms guarantees that all Canadian citizens have the right to vote in federal and provincial elections. [8] The Supreme Court of Canada has held that even if a Canadian citizen has committed a criminal offence and is incarcerated, they retain the constitutional right to vote. [9]
A Canadian woman was arrested after trying to smuggle over 20 pounds of methamphetamine through a New Zealand airport, authorities said. The illicit drugs were disguised as Christmas presents, New ...
Many of these rights were also included in the Canadian Bill of Rights, which the Canadian Parliament enacted in 1960. However, the Bill of Rights had a number of shortcomings. Unlike the Charter, it was an ordinary Act of Parliament, applicable only to the federal government, and could be amended by a simple majority of Parliament.