The Charter and Criminal Law

By: Law is Cool · September 15, 2007 · Filed Under Constitutional Law, Criminal Law · Add Comment 

The Canadian Charter of Rights and Freedoms covers pretty much every aspect of criminal law.

It guarantees freedom of expression and equality, but also the criminalization of conduct, investigation of crimes, prosecution of offences, determination of criminal liability, and sentencing of offenders.

Specific Sections

Section 7 covers right to life, liberty, security of the person, which are not to be deprived except though principles of fundamental justice

Section 8 addresses the right to be secure against unreasonable search & seizure

Section 9 deals with the right not to be arbitrarily detained

Section 10 states the right to counsel

Section 11 guarantees that persons will not denied bail without just cause, will be tried in reasonable amount of time, will be presumed innocent, have a jury if required and appropriate, and that they will not retried for the same crime

Section 12 promises noone shall be subject to cruel, unusual punishment

Section 15 states that all are equal before the law, and that there is no discrimination

Section 1 does state reasonable limits to these rights, and in Section 52 it states that if they are not reasonable, then any law conflicting with Charter has no force

Those whose rights have been infringed are guaranteed under Section 24(1) to apply to court, and 24(2) excludes evidence gathered in violation of the Charter

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