Section 10 of the Charter reads: “Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention...
Section 9 of the Charter reads: “Everyone has the right not to be arbitrarily detained or imprisoned.” This right guarantees against being arbitrarily detained or imprisoned by the state. This right applies not only to physical detention, but also investigative...
Section 8 of the Charter reads: "Everyone has the right to be secure against unreasonable search or seizure." This right provides you with the primary source of constitutional privacy against intrusion by the state. This section is what prevents police from illegally...
Section 7 of the Charter reads: "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." Section 7 protects three rights: the right to life, the right...
Imagine you are driving to a dinner party with your wife. You are running late. You are both irritated with the other. You both believe the other is the cause for being late. You are bickering on the drive over. Your partner gets frustrated and picks up their...
The Charter of Rights and Freedoms, or the Charter, is a bill of rights that forms part of our Constitution. It was enacted in 1982, and guarantees civil rights to everyone in Canada from the actions of state actors. It ensures that the Government, and those that act...
Spousal Privilege, the legal doctrine that prohibited a spouse from testifying against their partner, dates back to the 19th Century. This "privilege", which existed at common law, created the spousal incompetency rule, which codified the privilege. Spouses could not...
On September 19, 2019, the Criminal Code was amended by Bill C-75 which made several changes, including changes to how juries should be constituted. The changes to jury selection were that peremptory challenges no longer exist; and that the decision on challenges for...
In a decision released last week, R v Morrison, 2019 SCC 15, the Supreme Court considered various aspects of the Criminal Code that deal with the offence of child luring. The Court was asked to consider the constitutionality of three parts of the offence, and...
In December the Supreme Court of Canada released their decision in R v Reeves. This decision considered what expectation of privacy an individual has in a shared digital device, such as a shared computer or tablet. The Court found that a third-party, even one who has...
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