Study Notes for Canadian Law and Charter Rights

Reminder: Group project was due recently; submissions are now late if not already in.
No class will be held next week; classroom will remain open for personal gatherings like pizza parties.
Exam preparation details:
- Study guide will be available by the end of the week (tonight, if possible).
- Reminder to use the study guide effectively; emphasis on preparation.
- Final exam details: in-person requirement for online students, camera turned on, scheduled two weeks from the lecture at 6:30 PM.

Transitioning to Unit 7, following previous discussions on Section 10 rights under the Canadian Charter of Rights and Freedoms.
Focus on recent cases that clarify rights under Section 10, especially regarding chosen legal counsel.

Rights to Counsel (Sections 10(a) & 10(b)):
- 10(a): Right to be informed of reasons for arrest.
- 10(b): Right to retain and instruct legal counsel without delay, and to be informed of this right.

Supreme Court of Canada, 2010, clarified rights regarding access to legal counsel upon arrest.
Key facts of the case:
- Willier arrested for murder;
- Chose duty counsel after being informed of their availability by police;
- Asserted later that this was not his desired legal representation, arguing a Charter violation.
Court's Conclusion:
- Willier made an informed choice to select duty counsel and had opportunities to contact other lawyers.
- His rights were not violated; the Court emphasized the necessity of being diligent in exercising rights to counsel.
- Relevant legal principle: Accused must be reasonably diligent in asserting their rights; cannot claim violation after failing to utilize known options.

An individual's selection of a lawyer, even if initially viewed as inadequate, is upheld unless there is clear coercion or misinformation from law enforcement.
Police have a duty to inform accused persons of available legal aid, which does not constitute a violation of rights.

Context: Canadian citizen being investigated by U.S. authorities.
Supreme Court ruled that Canadian Charter rights do not extend to Canadians under investigation outside of Canada.
Key lesson: Different jurisdictions have distinct legal frameworks, and rights cannot be assumed to be universal across borders.

Overview of rights for individuals charged with an offence:
- Right to be informed without unreasonable delay of specific charges.
- Right to trial within a reasonable time (from R v. Jordan set ceilings: 18 months for provincial, 30 months for superior court).
- Right to not be compelled to testify against oneself; presumed innocent until proven guilty.

Framework established for managing trial timelines; violation leads to potential stays of proceedings.
Emphasis on speedy trials to uphold justice.

Addresses treatment and punishment that is unconstitutional, especially regarding mandatory minimums.
Recent issues:
- Many challenges regarding solitary confinement and mandatory minimum sentencing.
- Discussion of significant Supreme Court rulings regarding the applicability of mandatory minimums.

Found unconstitutional that mandatory minimums imposed possible severe penalties for non-violent offenders.
The court can strike laws deemed contrary to the Charter, focusing on their disproportionate effect on potential offenders.

Core principles: Witnesses cannot be compelled to incriminate themselves in other proceedings based on evidence given during testimony.
Relevant case: Arguments made regarding the validity of prior testimony not being allowed to be used against the witness in subsequent trials.

Introduction to the course principles regarding document admissibility.
- Overview of how electronically stored documents are treated.
Statutory definitions of documentary evidence; considerations for admission of banking, business, and judicial records.

Definition of hearsay and exceptions for business and electronic documents.
Importance of properly demonstrating authenticity of records to be admitted in court.
Case example on how electronic signatures and digitally stored documents can be authenticated.

Specific rules regarding the admissibility of records from financial institutions without needing direct witness testimony in court.
Claims established through statutory provisions allowing for the entry of business records in cases without direct ability to verify through testimony.

Final cases focusing on the implications of advancing an alibi defense without prior disclosure:
- General requirement for defendants claiming alibi to disclose before trial to allow investigation.
- Rules allowing accused persons to present alibi, emphasizing implications of failing to provide timely disclosure.

Context: Accused charged with drug trafficking; asserted an alibi without proper prior disclosure, leading to assumptions made against him during trial.
Importance of adequate and timely alibi disclosure to the crown for investigation prior to a trial.

Recap critically assessed previous sections comprising the Canadian Charter and implications on fairness and due process standards.
Overview gathered for preparation toward final assessments.

Final assessment will involve two major fact patterns like the midterm, alongside short answer questions and multiple choice queries.
Encouragement to utilize the study guide thoroughly.
Acknowledgment and appreciation for students' engagement throughout the semester, and good luck wishes for the exam.