CRIM 330 Lecture 4 Jan 31, 2021
The Rights of the Accused at Trial
- Pierre Trudeau in relation to the Charter as he was the prime minister at the time
- 1982 Charter formally enacted
- Three things Trudeau did
o Repatriated the constitution, final say no longer in charge from England, Canada is
o New amending formula, (e.g., all provinces have to agree)
o And of course, the Charter
- Government was hesitated as it limits the powers of the government
- Reference decision was done, as 8 provinces didn’t approve when Trudeau went to the UK to get
what he wanted
- With this Trudeau decided to eventually get all provinces approve to avoid confusion everyone
agreed besides Quebec
o The agreement with Quebec happened overnight but there is some legitimacy to this after
they refused, and the mayor was convinced overnight
- Not Withstanding Clause
o Government enacts something under section 7
- Section 8 of the Charter
o Everyone has the right to be free from unreasonable search and seizure
- Section 9 of the Charter
o Everyone has the right not to be arbitrarily detained or imprisoned
- Section 10 of the Charter
o Everyone has the right on arrest or detention: (i) to be informed promptly of the reasons
therefor; (ii) to retain and instruct counsel without delay and to be informed of that right;
and (iii) to have the validity of the detention determined by way of habeas corpus and to
be released if the detention is not lawful.
- Section 24 of the Charter
o (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.
o (2) Where, in proceedings under section (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
circumstances, the admission of it in the proceedings would bring the administration of
justice into disrepute.
o Help us obtain evidence that is relevant to the trial
- Power of Arrest
o Right to privacy police must follow, e.g., they need a warrant
o Some circumstances where police might not need a warrant, e.g., emergency, reasonable
o Citizen arrest
- Rv Feeney (SCC, 1997)
o Feeney arrested at his home and charged with killing his elderly neighbour
The Rights of the Accused at Trial
- Pierre Trudeau in relation to the Charter as he was the prime minister at the time
- 1982 Charter formally enacted
- Three things Trudeau did
o Repatriated the constitution, final say no longer in charge from England, Canada is
o New amending formula, (e.g., all provinces have to agree)
o And of course, the Charter
- Government was hesitated as it limits the powers of the government
- Reference decision was done, as 8 provinces didn’t approve when Trudeau went to the UK to get
what he wanted
- With this Trudeau decided to eventually get all provinces approve to avoid confusion everyone
agreed besides Quebec
o The agreement with Quebec happened overnight but there is some legitimacy to this after
they refused, and the mayor was convinced overnight
- Not Withstanding Clause
o Government enacts something under section 7
- Section 8 of the Charter
o Everyone has the right to be free from unreasonable search and seizure
- Section 9 of the Charter
o Everyone has the right not to be arbitrarily detained or imprisoned
- Section 10 of the Charter
o Everyone has the right on arrest or detention: (i) to be informed promptly of the reasons
therefor; (ii) to retain and instruct counsel without delay and to be informed of that right;
and (iii) to have the validity of the detention determined by way of habeas corpus and to
be released if the detention is not lawful.
- Section 24 of the Charter
o (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.
o (2) Where, in proceedings under section (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
circumstances, the admission of it in the proceedings would bring the administration of
justice into disrepute.
o Help us obtain evidence that is relevant to the trial
- Power of Arrest
o Right to privacy police must follow, e.g., they need a warrant
o Some circumstances where police might not need a warrant, e.g., emergency, reasonable
o Citizen arrest
- Rv Feeney (SCC, 1997)
o Feeney arrested at his home and charged with killing his elderly neighbour
