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{{Dial-A-Law TOC|expanded = rights}}
==Legal =The Charter guarantees a number of legal rights in the Charter===The ''[http://laws-lois.justice.gccanlii.ca/engt/Const/page-15.html#h-44 Sections 7 to 148q7l Charter of Rights and Freedoms] '' is part of Canada’s Constitution and protects a broad range of rights and freedoms. Among the rights guaranteed by the Charter guarantee everyone in Canada certain are a number of '''legal rights'''. Some of these rights require every person Several are aimed at ensuring anyone accused of a crime to be is treated in a just and fair manner. And some of these rights existed long before the Charter. But they are now Some apply to witnesses who testify in the Constitutioncourt proceedings.
{| class="wikitable"|align="left"|'''Tip'''For examplemore on your rights under the Charter, if a criminal law said you can go see our [[Charter of Rights and Freedoms: Overview (Script 230)|overview of the Charter (no. 230)]] and our information on [[Charter of Rights and Freedoms: Equality Rights (Script 232)|equality rights (no. 232)]]. |} ===Right to jail for up to 6 months if your husband or wife commits robberylife, a court would probably use liberty and security of the person (section 7 )===Everyone has the '''right to strike down this lawlife, making it invalid. The court would say that liberty and security of the law takes away your liberty (you could go to jail) person''', and it does the right not follow to be deprived of these things except in accordance with the principles “principles of fundamental justice. One of those principles is that you must be personally responsible for a crime to be convicted; it is not enough just to know someone who did itjustice”.
===Section 12: the right Right not to no treatment be arbitrarily detained or punishment that is cruel and unusualimprisoned (section 9)===Under section 12, everyone Everyone has the '''right not to be subjected to cruel and unusual treatment arbitrarily detained or punishmentimprisoned'''. When courts decide whether treatment or punishment Something is cruel and unusual, they often ask arbitrary if it there is so harsh that no good reason for it shocks the conscience of the Canadian public. Torture Being detained is an example of cruel and unusual treatmentwhen you are kept somewhere you don’t want to be.
Another example: let’s say the police stop you as you walk along the sidewalk. If the police reasonably believe you are connected to a witness at the criminal trial of another person is asked about their own involvement in criminal activitycrime, they must answer honestly. But have a prosecutor cannot use their answers against themlegal power to stop (that is, detain) you to ask questions. Section 13 says that testimony from If the police have reasonable grounds to arrest you for committing a witness showing crime, they committed criminal activity cannot be used to prove they are guilty of that criminal activitycan arrest you. But a prosecutor if the police are just making conversation, you can use a witness’s ask the police whether you are free to go. If the answer to show that they is no, you are lying under oath (committing perjury) in that casebeing detained, or in a later case if and you could ask the police what legal authority they are charged and deny the criminal activityrelying on to detain you.
===Section 14: Right to know the right to an interpreterreasons you’re arrested or detained (section 10)===Section 14 gives everyone Everyone, if police arrest or detain them, has the '''right to an interpreter in any legal proceedings if they don't understand or speak be informed promptly of the reasons for the language being used, arrest or if they’re deafdetention'''.
===Section 1 allows reasonable limits on Charter rightsRights if you’re charged with a crime (section 11)===Section 11 puts several fundamental principles of Canadian criminal law into the Charter rights and freedoms are not absolute. The Charter and the courts recognize that governments can make laws It controls how a person charged with an offence is treated in a criminal case. Some of these rights, such as the broader public interest'''right to be presumed innocent''' until proven guilty, even if and the '''right not to be a law violates witness against yourself''', existed long before the Charter. In such One important right with a case, Canada’s Parliament or a provincial legislature can try to justify powerful effect under the violation—under section 1—as a reasonable limit on Charter is the '''right. Section 1 says that to a trial within a reasonable limit must be prescribed by law and demonstrably (clearly) justified in a free and democratic societytime'''. If a government uses section 1, a court can then decide if Another is the government has justified '''right to be informed of the Charter violation. If sospecific offence you are charged with''', the court may allow the violationwithout unreasonable delay.
===Section 33, Protection against the notwithstanding clauseuse of your own testimony against you (section 13)===If At a law criminal trial, the accused person can decide whether to '''testify''' (give evidence under oath) in their own defence. Other people generally cannot be justified as refuse to testify: they must do so if they receive a reasonable limit on '''subpoena''' (a right or freedomdocument ordering them to come to court and give evidence). If they refuse to testify, they can be charged with contempt of court. And anyone who lies in some cases, Parliament or a provincial legislature their testimony (the evidence they give) can declare—under section 33—that the law operates notwithstanding be charged with '''perjury''' (despitelying under oath) section 2 or sections 7 to 15 of the Charter. The Canadian Parliament has never used this notwithstanding clause, but Quebec, Alberta, Saskatchewan, and Yukon have.
==Summary=Right to an interpreter (section 14)===Everyone has the '''right to an interpreter in any legal proceedings''' if they don't understand or speak the language being used, or if they’re deaf. ===Charter rights are not absolute===These legal rights are not absolute. The Charter gives important rights itself recognizes that some laws might violate the Charter yet be justifiable in the broader public interest. Where a law violates a Charter right, a government can try to people accused justify the violation as a '''reasonable limit''' under section 1 of the Charter. Under that section, a reasonable limit needs to be “prescribed by law” and “demonstrably justified in a crime free and democratic society”. If a government tries to rely on section 1 to people who deal justify a Charter violation, a court can decide if the violation is a reasonable limit. The court will look at whether the law has an important objective, and whether the government chose a proportionate way to meet that objective — a way that interferes as little as possible with Charter rights. For example, could the government agenciesachieve its objective in another way, without violating Charter rights? Does the law do more harm than good? Section 1 applies only to written laws. It does not apply to '''government actions'''. These rights are An example of a government action would be the conduct of a police officer in addition making an arrest. Where a government action violates the Charter, section 1 does not let the government try to justify the violation. The action is unconstitutional. Lawyers call this a '''Charter breach'''. ===Remedies if a Charter right is violated===The Charter gives courts lots of discretion about the '''remedy''' they can order if a Charter right is violated. A remedy is a court order to traditional give someone their legal rights or to compensate them for their rights not being respected. Section 24 of the Charter allows a person whose rights have been violated to apply to a court for a remedy the court considers appropriate and, just in the circumstances. In some cases, improve those rightsa broad remedy may be necessary, such as '''declaring that a law is unconstitutional'''. This is often referred to as ”striking down a law”. The Charter also gives remedies For example, if the government passed a law giving sweeping power for police to search vehicles, the court could decide to strike down the law as violating the Charter violationsright to be secure against unreasonable search. As wellIn this way the remedy helps everyone affected by the law. In other cases, an '''individual (personal) remedy''' is ordered. For example, if the right to a trial within a reasonable time has been denied, and it is no longer possible for a person to properly defend themselves, the court may “stay” (terminate) the charges against that person. That means the trial won’t proceed and the person won’t be convicted. A court may exclude (not allow) evidence if it was obtained in a way that interfered with a Charter controls right. But a court will exclude evidence only if the accused person can show that using the evidence would bring the actions administration of government officials, such as the policejustice into disrepute.
[updated July 2018]
'''The above was last edited reviewed for legal accuracy by John Blois[https://www.vancrimlaw.com/Lawyers/Brock-Martland-QC.shtml Brock Martland], Martland & Saulnier.'''
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