EXAMPLES OF RIGHTS AND FREEDOMS IN THE CHARTER
Fundamental freedoms: Freedom of conscience religion thought belief opinion and expression freedom of peaceful assembly and association
Democratic right: The right of Canadian citizens to vote or to run for office.
Mobility rights: The right of Canadian citizens to enter remain in and leave Canada and the right of Canadian citizens and permanent residents to live and work in any province of Canada.
Equally rights: The right to be treated equally before and under the law the right to the equal protection of the law and benefit of the law without discrimination based on race national or ethnic origin colour religion age or mental or physical disability.
The Charter also protects the two official languages of Canada French and English. The charter has special importance to criminal law. To enforce the law protect the public and prosecute offenders police and others in the criminal justice system are given certain powers and authority to interfere with individual liberty. For example the power to search and to make arrests are significant infringements of personal freedom. The charter serves an important function of setting out rules of procedure for exercising these powers and limitations on the authority allowed to law enforcement personnel. The most important rights for criminal law are the legal rights set out in s.7-s. 14. Section 7 states:
7. 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.
This general statement says that a person cannot be denied life liberty or security of the person without the principles of fundamental justice being followed. The supreme Court of Canada has said that the principles of fundamental justice are to be found in the basic tenets of our legal system and that it is up to the courts to develop the limits of these tenets. In other words the courts will decide on a case-by-case basis whether a tenet of fundamental justice has been violated. For example the ontario court of appeal has held that the right to remain silent when an offence is being investigated is and always has been a principle of fundamental justice. Therefore the police violated this right when an accused was told that he would be held until the keys to the car that the police believed he had stolen could be found. In other words he would be held until he gave the police the keys or told the police where the keys could be found. The supreme court of Canada held recently that a provincial law which imposed a minimum seven-day sentence on a person who was driving with a suspended licence even though he was unaware that his licence had been suspended violated a principle of fundamental justice. The Court also said that s.8-s.14 are specific situations involving the deprivation of life liberty or security of the person sections 8, 9 and 10 concern pre-trial procedure 8.Everyone has the right to be secure against unreasonable search or seizer. 9. Everyone has the right not to be arbitrarily detained or imprisonment. 10.Everyone has the right on arrest or detention {a}to be informed promptly of the reasons therefore, {b}to retain and instruct counsel without delay and to be informed of the right, and {c}to have the validity of the detention determined by way of habeus corpus and to be released if the detention is not lawful. Sections 11, 12, 13, and 14, relate to trail procedure. For your Info all the Sections In this Artical is repetriated from United Nations Charter, U.N. call it Article 1 to Article 14. Here in Canada is Called Sections in the supreme Law of Canada The Constitution therefore this Articles applies into both National as well International Law. Bravo.
Democratic right: The right of Canadian citizens to vote or to run for office.
Mobility rights: The right of Canadian citizens to enter remain in and leave Canada and the right of Canadian citizens and permanent residents to live and work in any province of Canada.
Equally rights: The right to be treated equally before and under the law the right to the equal protection of the law and benefit of the law without discrimination based on race national or ethnic origin colour religion age or mental or physical disability.
The Charter also protects the two official languages of Canada French and English. The charter has special importance to criminal law. To enforce the law protect the public and prosecute offenders police and others in the criminal justice system are given certain powers and authority to interfere with individual liberty. For example the power to search and to make arrests are significant infringements of personal freedom. The charter serves an important function of setting out rules of procedure for exercising these powers and limitations on the authority allowed to law enforcement personnel. The most important rights for criminal law are the legal rights set out in s.7-s. 14. Section 7 states:
7. 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.
This general statement says that a person cannot be denied life liberty or security of the person without the principles of fundamental justice being followed. The supreme Court of Canada has said that the principles of fundamental justice are to be found in the basic tenets of our legal system and that it is up to the courts to develop the limits of these tenets. In other words the courts will decide on a case-by-case basis whether a tenet of fundamental justice has been violated. For example the ontario court of appeal has held that the right to remain silent when an offence is being investigated is and always has been a principle of fundamental justice. Therefore the police violated this right when an accused was told that he would be held until the keys to the car that the police believed he had stolen could be found. In other words he would be held until he gave the police the keys or told the police where the keys could be found. The supreme court of Canada held recently that a provincial law which imposed a minimum seven-day sentence on a person who was driving with a suspended licence even though he was unaware that his licence had been suspended violated a principle of fundamental justice. The Court also said that s.8-s.14 are specific situations involving the deprivation of life liberty or security of the person sections 8, 9 and 10 concern pre-trial procedure 8.Everyone has the right to be secure against unreasonable search or seizer. 9. Everyone has the right not to be arbitrarily detained or imprisonment. 10.Everyone has the right on arrest or detention {a}to be informed promptly of the reasons therefore, {b}to retain and instruct counsel without delay and to be informed of the right, and {c}to have the validity of the detention determined by way of habeus corpus and to be released if the detention is not lawful. Sections 11, 12, 13, and 14, relate to trail procedure. For your Info all the Sections In this Artical is repetriated from United Nations Charter, U.N. call it Article 1 to Article 14. Here in Canada is Called Sections in the supreme Law of Canada The Constitution therefore this Articles applies into both National as well International Law. Bravo.
posted by UGANDANS COMMUNITYCANADA. NORTH AMERICA. at 7:33 PM
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