Search and Seizure(s8), Detention or Imprisonment (s9), Arrest, detention and right to counsel (s10)

Who has the right to be secure against search and Seizure?

Everyone! Search and Seizure must be reasonable and within the CPO's authority.

What does a search mean?

Something that interferes with a person's reasonable expectation of privacy.

What is the definition of seizure?

Taking a thing without consent. A person can consent to you taking something and it is not a breach of this section.

What is section 1 of the Charter of Rights?

Allows you under law to break someone's rights and freedoms.

If arrested a person has the right to what?

Be informed promptly of the reason.

Retain and instruct counsel without delay and to be informed of that right.

What are the rights to counsel when a client has been arrested?

- Must be told of their rights
-Musy be allowed to exercise those rights
-These rights include the right to legal aid and how to contact them.
-Have the validity determined by the way of habeas corpus and to be released if detention is not lawful.

What is habeas corpus?

Habeas corpus means, "You must have the body". A writ of habeas corpus requires that the government have a legitimate reason for detaining someone.

Any person charged with an offence has the right to?

-Be informed without reasonable delay.

- To be tried within a reasonable amount of time

-Not to be compelled to be a witness in proceedings against themselves

-Presumed Innocent until proven guilty

-Have a fair and public trial by an independent and impartial tribunal

Everyone has the right not to be subjected to any cruel or unusual treatment or punishment. Give examples of the above

-Excessively long sentences

-Minimum sentences that are disproportionate to an offenders culpability.

-Torture or corporal punishment

- Possibility of execution

What is equality?

Every individual is equal under the law and has the right to equal protection and equal benefit without discrimination.

What does adjournment mean?

The accused's right to a fair trial has been breached because they did not receive a full or timely disclosure.

One more time. The Charter applies to?

Government to a citizen