LAWS 3306 Lecture 2: Class #2
11 Apr 2018
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Document Summary
Pay close attention to sections 7-13 and 24. 1 & 24. 2 of the charter. We went from a crime-control model to a due-process model as a result of the charter, and that are rights were defined in a fashion that ensured that if police/state actors violated our liberty"s there was a punishment. Police were doing what ever they really wanted. The police lost their battle agents accused person"s rights. Accused people"s rights were solidified under the charter. And what remedies they can seek when perusing those rights (2 remedies: section 24. 1 see stay of proceedings, section 24. 2 when looking at excluding certain types of evidence. Due-process revolution with the supreme court of canada: looking at the different cases and interpreting them based on the charter of rights. Wanted to balance due-process with crime-control concerns. John doe seeking to have the court declare that his rights were breached. Wants statements, observations, breath test, thrown out of court because his rights were breached.
