- Charter Rights Legal Resources
Charter Rights Legal Resources
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Thomson Reuters denounces racism unequivocally in all its forms. We are also committed to providing you with the information you need to protect charter rights in Canada. The WestlawNext Canada Charter Rights Legal Materials can help you and your community build a better, more inclusive future.
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You will find content covering topics related to police conduct, the right to protest and legal and equality rights.
Police officers generally have broad powers to carry out their duties. The Canadian Charter of Rights and Freedoms and other laws, however, place limits on how far police can go in trying to enforce the law. The Charter gives everyone the rights to life, liberty and security of the person, to be secure against unreasonable search or seizure, and not to be arbitrarily detained or imprisoned. Under s. 10 of the Charter, when anyone is arrested or detained, they have the right to be informed promptly of the reasons for it, to retain and instruct counsel without delay and to be informed of that right. The Charter also provides remedies when these rights are violated.
Right to Protest
The rights of Canadians to speak their minds, associate, peacefully assemble and protest are enshrined in the Canadian Charter of Rights and Freedoms. Section 1 of the Charter states that these rights are subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Legal and Equality Rights
The protections afforded by the Canadian Charter of Rights and Freedoms include a set of legal rights beginning with the right to life, liberty and security of the person. Everyone also has the right to be secure against unreasonable search or seizure. Canadians are protected from being arbitrarily detained or imprisoned, and from cruel and unusual treatment or punishment. In addition to these legal rights, all Canadians are equal before and under the law. They are entitled to equal protection and benefit of law. As with all Charter rights, these protections are subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Unwarranted Criminal Prosecution
The criminal justice system confers great responsibility and power on both police and prosecutors. These professions also come with certain obligations, and their jobs must be performed without personal bias or animosity, and in accordance with the ethical and legal rules of their profession.