Unit 2 Law Charter of rights

• Right to privacy


  Element of s.8 right to be protect against search and seizure
• Cruel & Unusual punishment


  Comes into play when a person is in custody of the legal system
• Life, Liberty & Security of a person


  • Life - Living as we choose
  • Liberty - Freedom of choice
  • Security - not to be violated by others
• Balance of probabilities


  51% or more sure that things happened in the way presented
• Psychological Detention


  When action of police suggest a person does not have a choice but to respond, physical intimidation or personal characteristics of a person questioned make them feel they need to respond to authority
• Reverse onus


  Placing the responsibility on the accused to show/ prove X - Opposite of innocence until proven guilty
• Reasonable Suspicion


  Beyond a gut feeling, based on an objective, evaluation of a situation; red flags that add up/ create a picture suggesting criminal behavior/ actions
• Arrest without warrant


  Acceptable under hot pursuit circumstances; reasonable grounds to believe an offense has been committed, is going to be committed or is being committed
• Conducting an arrest


  1. Identify yourself

  2. Advice of charges

  3. Inform of rights to counsel

  4. Right to remain silent

  5. Touch to signify custody
• Reasonable Grounds


  Observation of illegal activity, items in the open that indicate criminal activity; necessary to charge and arrest person
• Search incident to arrest

  Right to conduct a search after an arrest, must be done in connection to the purpose of the arrest, to protect the safety of police and public, to protect and discover evidence
• Investigative detention


  Limits apply as cannot infringe on others rights - inciting hatred
• Reasonable limits s.1


  Rights and freedoms subject to reasonable limits in effort to balance individual rights and protection of society
• R v Oakes: case that established the test for determining if the statute law breaches a charter right, should it do so is it an acceptable limitation of individual rights
• Constitutional law


  • How authority and power is exercised within country
  • Limits of power rules for how country governs self
  • How to make amendments
• Role of the courts

  Character has expanded the role of judiciary ruling on whether the government needs to modify, adjust or remove laws SCC has final authority over govt made laws and decisions binding on lower courts - stare decisis
• Charter of rights


  • Entrenched in the constitution
  • Rights and freedoms for all in canada
  • Guaranteed at all levels of government
• Arrest Process


  1. Reasonable suspicion

  2. Investigative detention

  3. Reasonable grounds arrest

  4. Search incident to arrest
• NotWithStanding Clause s.33


  Get out of jail free card which allows governments to ignore the charter of rights of the people when dealing with S2, 7-15
• Drug Sniffing dogs


  Reasonable suspicion is sufficient to use
• Purpose of an arrest

  Lay charges, persevere evidence, prevent the accused from committing further offenses
• Hot Pursuit


  In the moment an incident is happening; received a tip, see actions taken, been called to an emergency situation? Call for help related to criminal activity
• Legal Rights


  • S. 7-14 deals with ways people are protected in encounters with justice system; police, lawyers, courts, and jail/ prison
• Exclusion of evidence of factors

  Police behavior in regards to the charter, urgency of the situation and seriousness of the crime - Whether exclusion would jeopardize the trust in the law
• Use of force


  • To stop an offense
  • Arrest a suspect
  • Maintain custody of prisoner
• Acceptable use of serious or deadly force

  Suspect may cause harm or death to others, no other means to prevent suspect escaping or suspect flees
• Expectation of privacy


  Dependent on where the search is conducted and by whom, highest dealing with invasive bodily searches, information about biological attributes/ details about lifestyle, places considered home, Key aspect is ownership/ Control over where the search is conducted.
• Executing a warrant


  Police must have a warrant in hand, knock and announce, only search areas indicated on warrant, generally cannot search people present at location. Illegal items in the open can be collected by police.
• Police Discretion


  Range of actions that can be taken based on the situation they encounter; consider officer safety, seriousness of the offense and circumstances of the incident
• Physical Detention

  Constraints exercised by the police - handcuffs, placed in police car
• Use of sobriety test

  Can be randomly conducted under the hwy traffic act - should you refuse you will be charged with a DUI. Reasonable grounds established if over the legal limit
• S.24 Remedy


  Legal means to fix or adjust when charter rights have been violated. Does not automatically result in the exclusion of evidence
• SLAPP


  Strategic lawsuit against public participation. Used to stifle free speech by using the court system to silence people
• Concurrent sentence


  The time spent in prison for multiple guilty verdicts at the same time
• Arbitrary detention


  Police can detain a person without arresting them to ask further questions if they belief/ have suspension of a person's activity or what they have seen
• 2 part test for religion


  • Subjective - sincere belief in practice that has a connection with religion, participation connect to religion
  • Objective - ability to practice without interference based on a reasonable person
• S.2 Freedom of religion


  Can believe whatever you want; state your belief openly; can perform rituals and promote your religions to convert others. Involves a system of worship, belief in divine, typically linked to identity, practice allows for connection to faith
• Beyond a reasonable doubt


  Belief that the actions portrayed are the only possible actions taken based on the evidence/ arguments presented - 99% sure
• Lawful Detention


  Legal consequences for failure to comply to police request - sobriety/ breathalyzer test
• Consent Search


  Most common means of a search. Can be expressed or implied, consent must be informed and must have authority to grant consent