Charter Rights: Legal Rights: Difference between revisions
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Charter Rights: Legal Rights (view source)
Revision as of 19:32, 17 February 2015
, 17 February 2015→Section 11: rights if you’re charged with an offence
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===Section 11: rights if you’re charged with an offence=== | ===Section 11: rights if you’re charged with an offence=== | ||
Section 11 puts several fundamental principles of Canadian criminal law into the Charter. It controls how a person charged with an offence is treated in a criminal case. Some of these rights, such as the right to be presumed innocent until proven guilty, and the right not to be a witness against yourself, existed long before the Charter. One important right with a powerful effect under the Charter is the right to a trial within a reasonable time. Another is the right to be informed without unreasonable delay of the specific offence you are charged with. Section 11 also gives a person charged with an offence the right to reasonable bail unless there is just cause (a good reason) to deny it. Section 11 provides a right to trial by jury if an offence can be punished with imprisonment for 5 years or more (the Criminal Code also gives a right to trial by jury for some other serious offences). | Section 11 puts several fundamental principles of Canadian criminal law into the Charter. It controls how a person charged with an offence is treated in a criminal case. Some of these rights, such as the right to be presumed innocent until proven guilty, and the right not to be a witness against yourself, existed long before the Charter. One important right with a powerful effect under the Charter is the right to a trial within a reasonable time. Another is the right to be informed without unreasonable delay of the specific offence you are charged with. Section 11 also gives a person charged with an offence the right to reasonable bail unless there is just cause (a good reason) to deny it. Section 11 provides a right to trial by jury if an offence can be punished with imprisonment for 5 years or more (the ''Criminal Code'' also gives a right to trial by jury for some other serious offences). | ||
==Section 12: the right to no treatment or punishment that is cruel and unusual== | ==Section 12: the right to no treatment or punishment that is cruel and unusual== |