The Charter Continued…

BY: BRITTNEY CHANNER 

I would like to continue where we last left off in our discussion on the legal rights section noted in the Charter of Rights and Freedoms. Last week, we paid special attention to section 7 of the Charter which stipulates the right to life, liberty, and security of person. This week we are going to expand a bit more on the other legal right section as it pertains to legal proceedings and the court of law in sections 8-14.

In the legal rights section of the Charter, there are several procedural safety measures that are designed to protect those under governmental involvement under the law which includes those who are accused of a federal or provincial highway traffic offense.  As stipulated in my previous article, the Charters legal rights apply to “every person” or “everyone”, not just those who are Canadian citizens or permanent residents.

In section 8 of the Charter, it specifies that everyone has the right to be secure against unreasonable search or seizure. Therefore, any property that is found or seized by means of a violation of section 8, can be excluded as evidence in a trial under section 24(2) which stipulates the remedies available for those whose Charter rights are violated.

Moving along, section 9 states that everyone has the right not to be arbitrarily detained or imprisoned. What this means is that you cannot be stopped, held for questioning, arrested or put in jail unless the police have cause for doing so. It is important to note that an arrest that is considered unlawful makes the search that usually comes after detainment unlawful and therefore contrary to the previous section 8 of the Charter.

Section 10 is a very important section of the Charter in my opinion because it outlines the rights that individuals have upon arrest or detention including the right to consult a lawyer without delay, the right to be informed promptly and the right to habeas corpus. Habeas corpus is a term that states that a person cannot be kept in prison/jail unless they have first been brought before a court of law which decides whether it is legal for them to be kept in prison. If your detention is not legal, you must be released. In situations of detainment, it is very easy for tempers to flare, therefore, having a thorough understanding of section 10 of the Charter, could essentially assist you in making sure that your legal rights are fulfilled.

Section 11 is similar to section 10 but differs in the sense that it outlines the rights you have, once you are charged with a criminal offense. If you are officially charged with a crime, some of your rights as specified within this section state, that you have the right to a trial within a reasonable time, the right to be innocent until proven guilty, the right to reasonable bail and the right to not be tried or punished twice for the same crime; also known as the rule of double jeopardy.

Section 12 protects the individual’s freedom from cruel and unusual punishment which includes punishment that degrades human dignity, out of proportion to the offense or shocks the public conscience. For example, being sentenced to 50 years in prison for theft of a chocolate bar would be considered cruel and unusual punishment because the crime does not fit the punishment given and therefore shocks public ethical principles.

Section 13 and 14 of the Charter discusses one’s right to protection from self-incrimination and the right to an interpreter. Section 13 applies to witnesses who testify in any type of proceedings. What is said in court cannot be used against you in another court case unless you are charged with perjury; which is defined as knowingly making a false statement in court while under oath or have taken an oath. Lastly, section 14 refers to those who are a party or a witness in a case and do not understand or speak the language used in a criminal proceeding; an interpreter must be provided.

The Charter of Rights and Freedoms can be seen as tedious and lengthy to some, nevertheless, it provides you with basic guidelines as to what is lawful and unlawful; especially as it pertains to you in criminal matters. Regardless if you are a law-abiding citizen or have had a few run-ins with the law, having a brief understanding of this section in particular is necessary when interacting with police or the criminal justice system.

References

Government of Canada. (2018, November 15). Your Guide to the Canadian Charter of Rights and Freedoms. Retrieved from Government of Canada: https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html