Class 3 - Charter of Rights and Freedoms.docx

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Class 3 - May 17, 2011.
CHARTER OF RIGHTS AND FREEDOMS
• April 17, 1982 entrenched into the Canadian Constitution
• emphasizes individual rights
• much impact on Criminal Courts in Canada
Section 1 = Guarantee of Rights and Freedoms
- Oakes test
- Remedy Legislation/Statute can be struck down
Section 52 - Constitution - the Supreme Law of Canada
- (any law inconsistent with it = no force and effect)
- (no longer Parliamentary Supremacy)
• Individual Remedies Section 24(1) & (2) - i.e., can get his/her change stayed or evidence
excluded
Legal Rights = Sections 7-14
S7 = life, liberty and security of person
S8 = unreasonable search and seizure
S9 = can’t be arbitrarily detained/imprisoned
S10 = rights on arrest or detention (i.e., Right to Counsel)
S11 = rights for person charged with offence
- i.e., tried within reasonable time - i.e., right to be presumed innocent
S12 = no cruel or unusual punishment
S13 = right against self-incrimination
S14 = right of interpreter
Legal Freedoms
S2 = fundamental freedoms
- i.e., (b) freedom of expression - i.e., (d) freedom of association
S19 = use of French or English in Courts
S35 = protection for Aboriginal rights and treaties
S15 = equality protection
S 24 individual situations
*Note: None of these Rights/Freedoms = Absolute, i.e., Parliament or Province - could declare a
law to operate notwithstanding the Charter
*The Professor will refer to some of the sections a lot throughout the classes and
those are the ones we should know and remember for tests and the exam.
Criticism of the Charter
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