Civil Liberties and the Charter

CIVIL LIBERTIES

Overview

  • Civil liberties are fundamental rights and freedoms protected from government interference.
  • Implied Bill of Rights was acknowledged before the formal charter existed, emphasizing due process and fairness.

The Evolution of Civil Liberties

  • Implied Bill of Rights (Prior to 1982)

    • No entrenched constitutional bill of rights in Canada.
    • Respect for rule of law and political civil rights evolved.

  • 1960 Bill of Rights

    • Introduced by Prime Minister John Diefenbaker.
    • Recognized fundamental freedoms without discrimination based on race, religion, or sex.
    • Limitations:
    • Not entrenched in the constitution.
    • Applied only to federal laws, not provincial.
    • Supreme Court of Canada (SCC) hesitated to invalidate equality legislation.

  • Constitution Act 1982

    • Prime Minister Pierre Trudeau's patriation of the constitution added the Charter of Rights and Freedoms.
    • Rights became entrenched, providing stronger protection and are often envied by other nations.

Charter of Rights and Freedoms Sections

  • The charter consists of various sections that offer legal protections and remedies for infringements:
Sections 7-14
  • Key to daily legal interactions and protections:
    • Section 7: Protection from deprivation of liberty without fair processes.
    • Procedural Unfairness: Coercion to testify against oneself.
    • Substantive Unfairness: Punishing someone for actions without guilty intent.
    • Section 8: Protection against unreasonable search or seizure.
    • Section 9: Right not to be arbitrarily detained or imprisoned.
    • Section 10: Rights upon arrest:
    • Right to know reasons for arrest.
    • Right to counsel.
    • Right to habeas corpus (to challenge the legality of detention).
    • Section 11: Rights of individuals charged with an offense:
    • Notice of offense without unreasonable delay.
    • Right to trial in reasonable time: (18 months for summary, 30 months for indictable).
    • Presumption of innocence.
    • Right to reasonable bail, and protection against double jeopardy.
    • Section 12: Protection from cruel or unusual treatment or punishment.
    • Section 13: Protection against self-incrimination for witnesses, except in cases of perjury.
    • Section 14: Right to an interpreter in legal proceedings.

Legal Remedies under the Charter

  • Section 24: Addresses remedies for Charter infringements.
    • Only courts of competent jurisdiction may hear applications.
    • Remedies include:
    • Remedial relief: Preventing legal violations (e.g., quashing search warrants).
    • Exclusion of evidence under Section 24(2):
      • Evidence obtained illegally may be excluded if it undermines the justice system's integrity.
    • Three-pronged test from leading case R v Grant to assess infringements:
      1. Seriousness of state conduct.
      2. Impact on Charter-protected interests of the individual.
      3. Societal interest in a fair adjudication.