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Lecture 9

September 25 - lecture 9.docx

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Political Science
POLS 3300
Dennis Baker

September 25, 2013 – POLS 3300 – Lecture 9 The Charter of Rights and freedoms - section 24.2 of thee Constitution act of 1982 – the exclusion clause o “where in the proceedings under subsection one, a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms of the charter…” - Many Charter rights impact the criminal justice system but some are particularlay relevant… - Everyone has the right… o Section 7 – life, liberty, security of person o Section 8 – be secure against unreasonable search and seizure o Section 9 – not to be arbitrarily detained or imprisoned - These ones only happen if… o Section 10 – “everyone has the right when arrested or detained”  Informed of reasons  Retain counsel without delay  Habeas corpus – cannot be held to long before a judicial proceeding o Section 11 – “any person charged with an offence has the right…”  Be informed without reasonable delay  be tried within a reasonable time  not to be compelled to be a witness in proceedings against that person in respect of the offence – don’t have to testify in own trial.  to be presumed innocent until proven guilty according to a law in a fair and public hearing by an independent and impartial tribunal  not to be denied reasonable bail without just cause  to the benefit of a trial by jury where tha maximum punishment for the offence is imprisonment for five years or a more severe punishment  not to be found guilty on account of any act or omission unless, at
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