CHAPTER 2 TEST PT.2 Flashcards
Section 7
Life, Liberty, Security of the Person
Section 8
Search and Seizure
Section 9
Detention or Imprisonment
Section 10
Arrest or Detention
Section 11
Criminal Proceedings
Section 12
Cruel or Unreasonable Treatment or Punishment
- Treatment by the police, prisons, the crown
Example of unusual and cruel punishment
- Hanging
- Firing squad
- Withholding necessities
Section 13
Self-Crimination
- You cannot be forced to testify at your own trial
- You cannot be forced to testify against yourself
- A priest cannot disclose anything to the police
- Confidentiality clauses can prevent self-crimination
Section 14
Right to an Interpreter when being questioned by police and at trial
- Language
- Sign-language interpreter
Section 15
- Equality Rights
- Protection from discrimination
- ex. Race, ethnic origin, color, gender, age, mental or physical ability, sexual orientation, religion
- Reasonable limitations: age - voting
Section 16-22
- Language Rights
- Protection of Canada’s official languages in all government institutions
- Canada’s 2 official languages are English and French
- Section 16 guarantees both have equal importance in government matters
- Canadian laws must be printed in both french and english
- Government & legal services (trials) are offered in both languages
- French Language schools judgment in BC
- In Canada, French language schools are fully funded by the federal and provincial government
- Ecole Andre Piolat in North Vancouver
- Ecole Gabrielle Roy in Surrey
Section 23
- Ensures both French and english minorities both have access to education
Section 24
- Enforcing the Charter
- If a right is infringed a person is allowed to seek a remedy
Section 24.2
- Seeking a remedy (solution)
Section 25
- Multicultural and Aboriginal Rights
- Guarantees the existing rights of aboriginal people (e.g. treaty rights)
- Aboriginal issues are most often argued in court
- Common issues include: rights to hunt and fish, land claims, and self government
If a law violates one or more charter rights…
- Strike Down:
Law is therefore is invalid - Read Down:
Part of the law needs to be changed or amended - Read In:
Law needs to be changed or amended, but that the law is still constitutional
Courts and the Legislature
- Governments are elected to pass and change laws
- Courts have the power to interpret and decide if laws are constitutional
- Do they violate the charter?
- Judicial Activism: occurs when judges put their own views and values into court judgements
CASES
Dagenais V. CBC
Right to a fair trial and freedom of expression
Publication ban was in violation of section 2b
R. V. Morgentaler
abortion case
Right to life vs security of the person
Abortion legal
R. V. Mann
Pat down searches (p. 51)
Incident to search procedures
Safety of police officer, accused & the public
What is the purpose of the search
Section 1
Denied this argument and the evidence was included
R. V. Fearon
Search warrant for cell phones
What do the police have to do when searching your cell phone?
Why keep detailed notes of what they find on the phone?
No password permitted search without a warrant
BR. V. Children’s Aids Society (2008)
Right to life vs freedom of religion
Example of third party who wanted to intervene on behalf of the baby’s right to life
R. V. Stinchcombe
Full disclosure issue
PROSECUTION MUST DISCLOSE ALL INFO THAT WILL BE USED IN TRIAL (BURDEN OF THE ADMISSION OF EVIDENCE IS ON THE CROWN)
Racial Profiling of Black & Indigenous drivers in Quebec
Results?
How can this ruling affect other province’s policing policies in the rest of Canada?
Interrogation Room Video
Infringed rights using Reid Technique
Details of violated rights by Eric Morgan, Brian Cox & Sasha Allison
