Charter Sections

Question 1

What is Section 7 of the Charter?

Answer 1

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Question 2

What practical and relevant impact does Section 7 of the Charter has for police?

Answer 2

Section 7 has been ruled by the Supreme Court to include the right to remain silent on arrest, and the right to make a full answer and defence

Question 3

What is Section 8 of the Charter?

Answer 3

Everyone has the right to be secure against unreasonable search or seizure.

Question 4

What is Section 9 of the Charter?

Answer 4

Everyone has the right not to be arbitrarily detained or imprisoned.

Question 5

What is Section 10 of the Charter?

Answer 5

Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Question 6

What is Section 11 of the Charter?

Answer 6

Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

Question 7

What is Section 12 of the Charter?

Answer 7

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Question 8

What is Section 13 of the Charter?

Answer 8

A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Question 9

What is Section 14 of the Charter?

Answer 9

A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Question 10

What is Section 24 of the Charter?

Answer 10

Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Question 11

What is the impact of Section 24 of the Charter for Police?

Answer 11

If any Charter breach is made, the evidence gathered in relation to that breach would be excluded in a trial. Unless it was serious enough that the courts would allow it, but it is generally not a good practice. An example would be failure to Charter and Caution and grant Sec 10 rights.

Question 12

What is the informational duty of a Police officer?

Answer 12

To advise detainees of their right to consult a lawyer

Question 13

What is the implementational duty of a Police Officer?

Answer 13

If the detainee wants to obtain legal advice, to provide access to legal advice, to provide privacy for the consultation, and to hold off obtaining evidence or questioning until they have exercised their right or waived it.