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Charter of Rights Excerpts

Canadian Charter of Rights and Freedoms
1
Subject to Reasonable Limits prescribed by law
Canadian Charter of Rights and Freedoms
7
Trial Fairness and Disclosure
Canadian Charter of Rights and Freedoms
8
Search or Seizure
Canadian Charter of Rights and Freedoms
9
Detention or imprisonment
Canadian Charter of Rights and Freedoms
10(a)
Reasons for Arrest or Detention
Canadian Charter of Rights and Freedoms
10 (b)
Right to Counsel
Canadian Charter of Rights and Freedoms
11 (b)
Right to Trial Within a Reasonable time
Canadian Charter of Rights and Freedoms
11(d)
Presumption of Innocence
Canadian Charter of Rights and Freedoms
11(e)
Reasonable Bail
Canadian Charter of Rights and Freedoms
11(h)
Nemo bis Punitur pro Eodem delicto
Canadian Charter of Rights and Freedoms
13
Self-crimination
Canadian Charter of Rights and Freedoms
14
Interpreter
Canadian Charter of Rights and Freedoms
15
Equality before and under law and equal protection and benefit of law
Canadian Charter of Rights and Freedoms
24(1)
Enforcement of guaranteed rights and freedoms
Canadian Charter of Rights and Freedoms
24(2)
Exclusion of evidence bringing administration of justice into disrepute

Rights and freedoms in Canada

1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

R. v. Oakes, [1986] 1 SCR 103

Life, liberty and security of person

7 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.

R. v. Stinchcombe, [1991] 3 SCR 326

Search or seizure

8 Everyone has the right to be secure against unreasonable search or seizure.

Hunter et al. v. Southam Inc., [1984] 2 SCR 145

Detention or imprisonment

9 Everyone has the right not to be arbitrarily detained or imprisoned.

R. v. Ladouceur, [1990] 1 SCR 1257

Arrest or detention

10 Everyone has the right on arrest or detention

  • (a) to be informed promptly of the reasons therefor;

  • ...

R. v. Evans, [1991] 1 SCR 869

Arrest or detention

10 Everyone has the right on arrest or detention

  • ...

  • (b) to retain and instruct counsel without delay and to be informed of that right; and

  • ...

R. v. Manninen, [1987] 1 SCR 1233

R. v. Brydges, [1990] 1 S.C.R. 190

R. v. Suberu, [2009] 2 SCR 460

Proceedings in criminal and penal matters

11 Any person charged with an offence has the right

  • ...

  • (b) to be tried within a reasonable time;

  • ...

R. v. Askov, [1990] 2 SCR 1199

R. v. Morin, [1992] 1 SCR 771

R. v. Jordan, 2016 SCC 27

Proceedings in criminal and penal matters (Presumption of Innocence)

11 Any person charged with an offence has the right

  • ...

  • (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

  • ...

R. v. Oakes, [1986] 1 S.C.R. 103

Proceedings in criminal and penal matters

11 Any person charged with an offence has the right

  • ...

  • (e) not to be denied reasonable bail without just cause;

  • ...

R. v. Antic, 2017 SCC 27

Proceedings in criminal and penal matters

11 Any person charged with an offence has the right

  • ...

  • (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;

  • ...

R. v. Shubley, [1990] 1 SCR 3,

Self-crimination

13 A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

R. v. Henry, [2005] 3 SCR 609

R. v. Nedelcu, [2012] 3 SCR 311

Interpreter

14 A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

R. v. Tran, [1994] 2 SCR 951

Equality before and under law and equal protection and benefit of law

  • 15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Andrews v. Law Society of British Columbia, [1989] 1 SCR 143

Enforcement of guaranteed rights and freedoms

  • 24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances

R. v. O'Connor, [1995] 4 SCR 411

R. v. Babos, [2014] 1 SCR 309

Canada (Attorney General) v. Power, 2024 SCC 26 (CanLII)

Exclusion of evidence bringing administration of justice into disrepute

24 (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

R. v. Grant, [2009] 2 SCR 353

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