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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
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(a) to be informed promptly of the reasons therefor;
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...
R. v. Evans, [1991] 1 SCR 869
Arrest or detention
10 Everyone has the right on arrest or detention
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...
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(b) to retain and instruct counsel without delay and to be informed of that right; and
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...
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
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...
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(b) to be tried within a reasonable time;
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...
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
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...
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(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
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...
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
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...
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(e) not to be denied reasonable bail without just cause;
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...
R. v. Antic, 2017 SCC 27
Proceedings in criminal and penal matters
11 Any person charged with an offence has the right
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...
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(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;
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...
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
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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
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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