Canadian Charter of Rights and Freedoms - Legal Rights Overview

Canadian Charter of Rights and Freedoms - Legal Rights Overview

  • Legal Rights Sections
    • s. 7
    • Right to life, liberty, and security of the person
    • s. 8
    • Right to be free from unreasonable search and seizure
    • s. 9
    • Right not to be arbitrarily detained or imprisoned
    • s. 10 (a)
    • Right to be informed promptly of the reasons for arrest
    • s. 10 (b)
    • Right to have legal counsel
    • s. 10 (c)
    • Right to be tried within a reasonable time
    • s. 11 (a)
    • Right to be presumed innocent until proven guilty
    • s. 11 (b)
    • Right to be tried by an independent and impartial tribunal
    • s. 11 (c)
    • Right not to be denied reasonable bail
    • s. 11 (d)
    • Right to be informed without unreasonable delay of the specific offense
    • s. 11 (e)
    • Right to not be tried or punished for an offense if the act was not an offense under Canadian law or international law when committed
    • s. 24(1)
    • Right to obtain a remedy for rights violation
    • s. 24(2)
    • Exclusion of evidence obtained in violation of rights if it would bring the administration of justice into disrepute

Search and Seizure

  • Warrants

    • Issued by a justice, authorizing searches for specified property as evidence of a crime (AG (Nova Scotia) v MacIntyre, 1982)
    • Types of warrants:
    • To search places
    • To search people

  • Presumption of Unreasonableness

    • Searches without warrants presumed unreasonable (Hunter et al. v Southam Inc, 1984)

Reasonable Expectation of Privacy

  • Reasonable Expectation of Privacy signifies the privacy rights an individual has in various contexts (R. v. Belnavis, 1997)
  • Factors Determining Expectation
    • Type of privacy affected:
    • Personal Privacy: bodily integrity, highest protection
    • Territorial Privacy: greater for homes than cars
    • Informational Privacy: control over personal information

Reasonableness of Search

  • A search is reasonable if:
    1. Authorized by law
    2. The law is reasonable
    3. The manner of the search is reasonable (R. v. Collins, 1987)

Warrantless Searches

  • Statutory Exceptions
    • Exigent circumstances: immediate danger to life, destruction of evidence, or hot pursuit (Criminal Code s. 487.11)
  • Common Law Powers
    • Incident to lawful arrest: search for items threatening safety or evidence (R. v. Caslake, 1998)
    • Consent: valid if informed, voluntary, and by authorized person (R. v. Willis, 1992)

Identification of Suspects

  • Types of identification evidence include:
    • Forensic evidence (fingerprints, bodily substances)
    • Eyewitness testimony and line-ups
    • Video surveillance
    • Confessions and circumstantial evidence

Conclusion

  • Understanding these legal rights and the implications of search and seizure warrants is crucial for interpreting the Canadian legal framework regarding individual rights under the Charter.