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We chose to do our case study on R v. Therens

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Assignment 2 Case Study - Laura Graham & Ashtyn Crabb

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Section 10 of The Canadian Charter of Rights and Freedoms 

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Section 10 of The Canadian Charter of Rights and Freedoms 

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This is a video of a woman reading aloud section 10 of the Canadian Charter of Rights and Freedoms: Arrest or Detention

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canadian charter of rights and freedoms (con...

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The Canadian Charter of Rights and Freedoms: Legal Rights; Arrest or Detention

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Legal Rights Arrest or detention 10. 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 determined by way of habeas corpus and to be released if the detention is not lawful.

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Stephen A. King, a civil rights attorney, speaks about knowing your rights and how to use them when being approached by law enforcement. This video helps you better understand your rights when in a situation with the police.

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Civil Rights Attorney | KNOW YOUR RIGHTS INTERACTIVE VIDEO | Stephen A. King

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http://www.kingsjustice.com http://www.legaleasetv.com Civil Rights Attorney | KNOW YOUR RIGHTS INTERACTIVE VIDEO | Stephen A. King | Civil Rights Attorney | criminal defense attorney | criminal attorney los angeles | LOS ANGELES AUTO ACCIDENT ATTORNEYS | INJURY ATTORNEY LOS ANGELES | Beverly Hills, Los Angeles and Rancho Cucamonga Civil Rights Attorney Stephen A.

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This picture is from the G20 Summit in Toronto from 2010. During the G20 summit, police violated civil rights, detained people illegally and used excessive force. The mass arrests were unlawful and many people were not read their rights.

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A criminal defence attorney talks about what we see when someone is arrested in a Hollywood movie versus what actually happens when being arrested in real life and how we get the two mixed up.

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Arrested and Not Read Your Rights: Myth versus Fact

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If you were arrested and the police officer didn't read you your rights, you may be wondering what that means. This article explains what the Miranda Warning is, when police have to give it, and the effect when the police fail to advise you of these important Constitutional rights.

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It is important to understand your rights upon being arrested so you have an understanding if your rights are correctly being told to you or if being told at all.

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Stephen Jack, a criminal lawyer from Toronto, writes an article on what he believes to be the four most important rights one has upon being arrested. He believes the four most important rights are:
1) Right to speak with a lawyer
2) Right not to make a statement
3) Informed promptly of the reasons for arrest or detention
4) Right to have Validity of Detention determined by way of Habeas Corpus

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In this video, Timothy Rountree explains the importance of knowing your rights upon arrest. He also mentions some of the rights and how important it is to not fight your arrest and to keep silent because you cannot talk your way out of an arrest

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Know Your Rights - When You Are Arrested By The Police

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 Canadian Charter of Rights and Freedoms

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 Canadian Charter of Rights and Freedoms

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The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. It is designed to unify Canadians around a set of principles that embody those rights. Our country set these in place so we must live by it.

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This website highlights the rights you have when arrested that are under Section 10 of the Constitution. These are important to know in case you are ever arrested. Having great knowledge of your rights will allow you to understand if you are being told all of your rights properly upon being arrested.

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Guarantee of Rights and Freedoms

Marginal note:Rights and freedoms in Canada

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.

Fundamental Freedoms

Marginal note:Fundamental freedoms

( a) freedom of conscience and religion;

( b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

( c) freedom of peaceful assembly; and

( d) freedom of association.

Democratic Rights

Marginal note:Democratic rights of citizens

Marginal note:Maximum duration of legislative bodies

Marginal note:Annual sitting of legislative bodies

There shall be a sitting of Parliament and of each legislature at least once every twelve months. (83)

Mobility Rights

Marginal note:Mobility of citizens

Legal Rights

Marginal note:Life, liberty and security of person

Marginal note:Search or seizure

Marginal note:Detention or imprisonment

Marginal note: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 determined by way of habeas corpus and to be released if the detention is not lawful.

Marginal note:Proceedings in criminal and penal matters

( a) to be informed without unreasonable delay of the specific offence;

( b) to be tried within a reasonable time;

( c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

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

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

( f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

( g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

( 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; and

( i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Marginal note:Treatment or punishment

Marginal note:Self-crimination

Marginal note:Interpreter

Equality Rights

Marginal note:Equality before and under law and equal protection and benefit of law

Official Languages of Canada

Marginal note:Official languages of Canada

Marginal note:English and French linguistic communities in New Brunswick

Marginal note:Proceedings of Parliament

Marginal note:Parliamentary statutes and records

Marginal note:Proceedings in courts established by Parliament

Marginal note:Communications by public with federal institutions

Marginal note:Continuation of existing constitutional provisions

Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. (92)

Marginal note:Rights and privileges preserved

Minority Language Educational Rights

Marginal note:Language of instruction

have the right to have their children receive primary and secondary school instruction in that language in that province. (93)

Marginal note:Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province

Enforcement

Marginal note:Enforcement of guaranteed rights and freedoms

General

Marginal note:Aboriginal rights and freedoms not affected by Charter

( a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

( b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. (94)

Marginal note:Other rights and freedoms not affected by Charter

Marginal note:Multicultural heritage

Marginal note:Rights guaranteed equally to both sexes

Marginal note:Rights respecting certain schools preserved

Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. (95)

Marginal note:Application to territories and territorial authorities

Marginal note:Legislative powers not extended

Application of Charter

Marginal note:Application of Charter

Marginal note:Exception where express declaration

Citation

Marginal note:Citation

This Part may be cited as the Canadian Charter of Rights and Freedoms.

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Marginal note:Rights and freedoms in Canada 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.