The Canadian Charter of Rights and Freedoms is fundamental to our democratic form of government. The Charter applies nationwide to protect individual human rights and legal freedoms. It enshrines civil liberties for persons accused by the government of crimes to ensure that every person receives fair treatment by our justice system.

The Charter is part of the Canadian Constitution. Charter rights are not absolute, and sometimes, they are limited in protecting other important societal values. However, the rules in the Charter provide a firm framework for how the government must handle every criminal case.

Rights of the Criminally Accused Under the Charter of Rights and Freedoms

These are some of the prominent Charter sections that apply to every Canadian criminal prosecution.

Section 7: Life, Liberty, and Security of Person

Section 7 protects all Canadians’ life, liberty, and personal security. It directly applies to all criminal cases where a defendant’s liberty is at stake. The section and the law developed under it require the government to strictly adhere to established legal processes that provide a defendant ample opportunity to present a defence to all charges.

Section 8: Search or Seizure

Section 8 protects every person from unreasonable searches or seizure of their property. The law focuses especially on each Canadian’s reasonable expectation of privacy. Under this section, if the police want to enter private property to look for evidence of criminal activity, they usually must secure a search warrant from an independent judge first. The government usually must show a clear legal reason to ask for a warrant.

Section 9: Detention or Imprisonment

This section protects Canadians from being detained or imprisoned without a proper legal reason. Government officials cannot arbitrarily decide to jail someone without reasonable legal grounds or authority from a court. 

Section 10: Arrest or Detention

Section 10 provides every person with critical rights when they are arrested or detained by police. Officers must promptly inform a detained person of the reasons for the arrest and the immediate right to legal counsel before answering any questions.  

Section 11: Proceedings in Criminal and Penal Matters

Section 11 sets out rules about how the government must handle prosecutions, including:

• Prompt information of charges. The government must fully inform every criminal defendant without unreasonable delay of the specific charges against them.
• Right to a fair trial. Trials must occur within a reasonable time. The government cannot compel any defendant to testify at their own trial.
• Presumption of innocence. Every criminal defendant is presumed legally innocent until proven guilty beyond a reasonable doubt.

Go to Court With an Experienced Defence Lawyer Protecting Your Rights

Facing criminal charges in Brampton or any Ontario court on your own is a frightening idea. 

Understanding and protecting your Constitutional rights and legal protections under the Charter of Rights and Freedoms is essential if you face criminal charges. You should protect yourself and your legal rights by hiring a professional criminal lawyer with experience in defending accused citizens from criminal charges. 

Call Manbir Sodhi Criminal Defence Law today at (905) 457-2546.