Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Issues may arise at trial when an accused gave a statement to the police or provided bodily samples of some sort. In such cases, defence counsel should seek to have the evidence excluded under section 24(2) of the ''Charter''. | Issues may arise at trial when an accused gave a statement to the police or provided bodily samples of some sort. In such cases, defence counsel should seek to have the evidence excluded under section 24(2) of the ''Charter''. | ||
:''' | :'''NOTE:''' Brydges' Line is a province-wide service that is available for arrested persons 24 hours a day, 7 days a week. A lawyer is always available to speak to the person for free. | ||
:''' | :'''NOTE:''' Detention under sections 9 and 10 of the ''Charter'' refers to a suspension of the individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with a restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply. See ''R v Grant'', [2009] 2 SCR 353, for more details. | ||
== E. Lawful arrest == | == E. Lawful arrest == | ||