Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
Jump to navigation
Jump to search
| Line 75: | Line 75: | ||
=== 2. The ''Criminal Code'': The Law of Arrest and Release === | === 2. The ''Criminal Code'': The Law of Arrest and Release === | ||
Some of the relevant sections of the Code are: | Some of the relevant sections of the ''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'' are: | ||
* ss 25 – 27: use of force, liability for excess force, use of force must be reasonably necessary; | * ss 25 – 27: use of force, liability for excess force, use of force must be reasonably necessary; | ||
* ss 494 and 495: arrest without warrant by private citizen, police officers; | * ss 494 and 495: arrest without warrant by private citizen, police officers; | ||
| Line 84: | Line 84: | ||
* ss 511 – 514: warrant to arrest. | * ss 511 – 514: warrant to arrest. | ||
Sections 7, 10, and 24 of the ''Charter'' have some measure of effect on arrest procedure, particularly in relation to the conduct of arresting officers and the admissibility of evidence | Sections 7, 10, and 24 of the ''Charter'' have some measure of effect on arrest procedure, particularly in relation to the conduct of arresting officers and the admissibility of evidence (see ''[https://www.canlii.org/en/ca/scc/doc/1988/1988canlii44/1988canlii44.html?searchUrlHash=AAAAAQALciB2IHN0ZXZlbnMAAAAAAQ&resultIndex=2 R. v. Stevens]'', [1988] 1 S.C.R. 1153). There is also well-developed case law on arrest procedure. See ''Christie v Leachinsky'', [1947] AC 573 (HL) and section 29 of the ''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]''. | ||
== F. Search and seizure: s 8 == | == F. Search and seizure: s 8 == | ||