R2 The Impact of the Charter

Question 1

What is the Charter’s impact on citizen’s right to privacy?

Answer 1

• citizens have right to security and privacy
• before charter, legal for police to search without warrant
• now, police need a warrant to search and the search must be based on reasonable grounds

Question 2

What is the Charter’s impact on the right to counsel?

Answer 2

• detainee must be informed of their right to an attorney, and the right to remain silent/not self-incriminate
• police can question detainee without counsel
• invoking right to attorney doesn’t mean you have to talk to a lawyer
• these rights deter abusive police practices, but not always

Question 3

What is the Charter’s impact on the disclosure of evidence?

Answer 3

• prosecution has to disclose all relevant evidence to the defence
• pre-charter, crown did not have do disclose evidence, lead to a lot of wrongful convictions, and the defence had little chance

Question 4

What is the Charter’s impact on vulnerable victims and witnesses?

Answer 4

• vulnerable victims/witnesses (children, people with developmental disabilities, sexual assault victims) have a right to certain protections
• ex. can testify behind a screen or out of the courtroom, sexual assault survivors can’t be asked about past sexual behaviour

Question 5

What is the Charter’s impact on the exclusion of evidence?

Answer 5

• evidence obtained unconstitutionally (violating the charter) can’t be used, remedies are given
• pre-charter, evidence obtained any way could be used

Question 6

What are citizens protected from regarding sentencing?

Answer 6

• arbitrary detention and imprisonment
• cruel and unusual punishment and treatment
• have the right to equality