Criminology 3362 - Week 2: Charter Rights, Arrest, and Detention

Vocabulary flashcards covering Charter legal rights (sections 7 to 14, 24), arrest powers, principle of restraint, forms compelling attendance, and investigative detention rules from R. v. Suberu.

Canadian Charter of Rights and Freedoms

The supreme law of Canada, forming part of the Canadian Constitution, which sets out the rights and freedoms necessary in a free and democratic society.

Legal Rights (Charter)

Sections 7 to 14 and 24 of the Charter that protect individuals within the justice system to ensure they are treated fairly by the state and its agents.

Section 7 of the Charter

Guarantees that 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.

Section 8 of the Charter

Guarantees that everyone has the right to be secure against unreasonable search or seizure.

Section 9 of the Charter

Guarantees that everyone has the right not to be arbitrarily detained or imprisoned.

Section 10 of the Charter

Guarantees rights upon arrest or detention: to be informed promptly of reasons, to retain and instruct counsel without delay and be informed of that right, and to challenge detention validity via habeas corpus.

Section 11 of the Charter

Protects individuals charged with an offence, including rights under (b) to be tried within a reasonable time and (e) not to be denied bail without just cause.

Section 12 of the Charter

Guarantees that everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Section 13 of the Charter

Protects a witness testifying in proceedings from having incriminating evidence used against them in other proceedings, except in prosecutions for perjury or giving contradictory evidence.

Section 14 of the Charter

Guarantees a party or witness in proceedings who does not understand/speak the language or is deaf the right to the assistance of an interpreter.

Section 24 of the Charter

Provides enforcement remedies: 24(1) allows applying to court for an appropriate/just remedy, and 24(2) excludes evidence obtained in violation of Charter rights if its admission would bring the administration of justice into disrepute.

Section 495(1) CC

Authorizes a peace officer to arrest without a warrant a person who committed/is believed to have committed an indictable offence, is found committing a criminal offence, or has an active arrest warrant.

Section 495(2) CC

Limits arrest without warrant for s. 553, hybrid, or summary conviction offences if public interest conditions (establishing ID, preserving evidence, preventing continuation) are met and court attendance is expected.

Feeney Warrant

A warrant required to arrest a person inside a residence, codified under section 529 of the Criminal Code.

Principle of Restraint

The statutory obligation under s. 493.1 CC requiring peace officers and judges to give primary consideration to releasing an accused at the earliest reasonable opportunity and on the least onerous conditions.

Bill C-14

Legislation that added s. 493.11(1) CC to clarify that section 493.1 (principle of restraint) does not require the accused to be released.

Ladder of Coercive Measures

The four Criminal Code mechanisms for compelling court attendance, ordered from least to most restrictive: appearance notice, summons, undertaking, and arrest.

Appearance Notice

The least restrictive form issued by peace officers (under s. 500 CC) before an information is laid for non-s. 469 offences, setting out accused details, offence nature, and court attendance requirements.

Summons

A document issued by a justice under s. 507 CC after an information is laid, delivered by a peace officer to ensure an unarrested accused attends court to answer a charge without additional conditions.

Undertaking

A release document issued under s. 501 CC (can be before information is laid) when protective conditions are required; includes mandatory court attendance and possible conditions like reporting or no-contact orders.

Endorsed Warrant

An arrest warrant endorsed by a justice under s. 507(6) CC that grants the arresting officer discretion to release the accused on an appearance notice or undertaking.

Unendorsed Warrant

An arrest warrant that provides the arresting officer with no discretion to release, requiring the officer to bring the accused directly to court.

Investigative Detention

A police power allowing a brief, minimally intrusive detention for investigative purposes based on reasonable suspicion of criminal activity.

Detention (ss. 9 and 10 Charter)

As defined in R. v. Suberu, refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint.

Psychological Detention

A form of detention established when an individual has a legal obligation to comply with a demand, or when a reasonable person would conclude from state conduct that they had no choice but to comply.