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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 01:02, 30 August 2022
, 01:02, 30 August 2022→4. Exception to right against self-incrimination: breathalyser sample
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Various federal statutes have provisions requiring that questions be answered: see ''[https://laws-lois.justice.gc.ca/eng/acts/c-5/ Canada Evidence Act]'', RSC 1985, c C-5; ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96124_01 BC Evidence Act]'', RSBC 1996 c 124; ''[https://laws-lois.justice.gc.ca/eng/acts/e-14/index.html Excise Act]'', RSC 1985, c E-13; ''[https://laws-lois.justice.gc.ca/eng/acts/i-3.3/ Income Tax Act]'', RSC 1985, c 1 (5th Supp.); ''[https://laws-lois.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act]'', SC 2001, c 27; and ''[https://laws-lois.justice.gc.ca/eng/acts/b-3/ Bankruptcy and Insolvency Act]'', RSC 1985, c B-3. | Various federal statutes have provisions requiring that questions be answered: see ''[https://laws-lois.justice.gc.ca/eng/acts/c-5/ Canada Evidence Act]'', RSC 1985, c C-5; ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96124_01 BC Evidence Act]'', RSBC 1996 c 124; ''[https://laws-lois.justice.gc.ca/eng/acts/e-14/index.html Excise Act]'', RSC 1985, c E-13; ''[https://laws-lois.justice.gc.ca/eng/acts/i-3.3/ Income Tax Act]'', RSC 1985, c 1 (5th Supp.); ''[https://laws-lois.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act]'', SC 2001, c 27; and ''[https://laws-lois.justice.gc.ca/eng/acts/b-3/ Bankruptcy and Insolvency Act]'', RSC 1985, c B-3. | ||
=== 4. Exception to | === 4. Exception to Right Against Self-Incrimination: Breathalyser Sample === | ||
Where a police officer, on reasonable and probable grounds, believes a person has alcohol or drugs in their system, that officer may require a sample of breath to be produced. A person who refuses to comply with a valid breath demand without a reasonable excuse for refusing may face criminal charges for failure to provide a breath sample. See '''Chapter 13: Motor Vehicle Law''' for more information. | Where a police officer, on reasonable and probable grounds, believes a person has alcohol or drugs in their system, that officer may require a sample of breath to be produced. A person who refuses to comply with a valid breath demand without a reasonable excuse for refusing may face criminal charges for failure to provide a breath sample. See '''Chapter 13: Motor Vehicle Law''' for more information. | ||
