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Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 23:08, 8 February 2020
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== H. Admission of evidence obtained illegally (24(2)) == | == H. Admission of evidence obtained illegally (24(2)) == | ||
It is good practice to advise the Crown ahead of time before making a ''Charter'' argument. In the ''Charter'' notice the | It is good practice to advise the Crown ahead of time before making a ''Charter'' argument. In the ''Charter'' notice the accused should provide the Crown with sufficient particulars of the argument, including the alleged breach, the remedy sought, and the witnesses required for the application (''Voir Dire''). Cite cases on which the clinician intends to rely. | ||
Section 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. | Section 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. | ||
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The type of remedy a court gives normally depends on the type of government action that violates the ''Charter''. If a government official took the action – for example, a police officer conducted an unreasonable search – the court will give an individual remedy that helps just the victim of the search (in that example, the court may say that the drugs found during the illegal search can’t be used as evidence in the criminal trial. This helps the accused person, but it doesn’t change the law for anyone else). In other cases, the court may be able to do something else, like stop a prosecution (a judicial stay of proceedings), order one side to pay the other side’s legal costs, or declare that certain rights were violated. | The type of remedy a court gives normally depends on the type of government action that violates the ''Charter''. If a government official took the action – for example, a police officer conducted an unreasonable search – the court will give an individual remedy that helps just the victim of the search (in that example, the court may say that the drugs found during the illegal search can’t be used as evidence in the criminal trial. This helps the accused person, but it doesn’t change the law for anyone else). In other cases, the court may be able to do something else, like stop a prosecution (a judicial stay of proceedings), order one side to pay the other side’s legal costs, or declare that certain rights were violated. | ||
=== 1. Other Charter Remedies Obtained through S. 24(1) === | === 1. Other Charter Remedies Obtained through S. 24(1) === | ||
