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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 00:01, 30 August 2022
, 00:01, 30 August 2022→A. Impact of the Charter
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Section 8 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96068_01 Constitutional Question Act]'', RSBC 1996, c 68, requires that 14 days’ notice be given to opposing counsel where the constitutional validity of a law is challenged, or where an application is made for a constitutional remedy under section 24(1) of the ''Charter''. '''To challenge legislation or seek a remedy under section 24(1) separate notice must be given to both provincial Crown Counsel and the federal government.''' For an application to exclude evidence under section 24(2) of the ''Charter'' notice is typically given in the arraignment report. | Section 8 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96068_01 Constitutional Question Act]'', RSBC 1996, c 68, requires that 14 days’ notice be given to opposing counsel where the constitutional validity of a law is challenged, or where an application is made for a constitutional remedy under section 24(1) of the ''Charter''. '''To challenge legislation or seek a remedy under section 24(1) separate notice must be given to both provincial Crown Counsel and the federal government.''' For an application to exclude evidence under section 24(2) of the ''Charter'' notice is typically given in the arraignment report. | ||
:'''NOTE:''' Notice to seek to exclude evidence under section 24(2) of the ''Charter'' is not required by the ''Constitutional Question Act'', but a failure to alert the Crown in a timely manner to an application to exclude evidence under section 24(2) of the ''Charter'' has been met in a number of decisions with the court applying its considerable powers to control its own processes against the party who failed to provide adequate notice. | :'''NOTE:''' Notice to seek to exclude evidence under section 24(2) of the ''Charter'' is not required by the ''Constitutional Question Act'', but a failure to alert the Crown in a timely manner to an application to exclude evidence under section 24(2) of the ''Charter'' has been met, in a number of decisions, with the court applying its considerable powers to control its own processes against the party who failed to provide adequate notice. | ||
== B. Section 1 of the Charter == | == B. Section 1 of the Charter == | ||
