Charter Rights: Legal Rights: Difference between revisions
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Charter Rights: Legal Rights (view source)
Revision as of 00:18, 29 November 2016
, 29 November 2016→Section 9: the right not to be arbitrarily arrested
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===Section 9: the right not to be arbitrarily arrested=== | ===Section 9: the right not to be arbitrarily arrested=== | ||
Section 9 gives everyone the right not to be arbitrarily arrested, held, or imprisoned. Something is arbitrary if there is no good reason for it or if it is done because of someone's opinion and there is no good reason for that opinion. The Criminal Code and other laws control powers of arrest and those laws must be consistent with section 9 of the Charter. For example, the police can arrest a person who they reasonably believe committed a murder or fraud or some other criminal offence. The person must be brought before a Justice of the Peace as soon as possible—normally within 24 hours—to see if they can be released from custody. The police cannot hold the suspect in custody without proper grounds (or reasons) to arrest or detain them. The police must be able to justify what they did. | Section 9 gives everyone the right not to be arbitrarily arrested, held, or imprisoned. Something is arbitrary if there is no good reason for it or if it is done because of someone's opinion and there is no good reason for that opinion. The ''Criminal Code'' and other laws control powers of arrest and those laws must be consistent with section 9 of the Charter. For example, the police can arrest a person who they reasonably believe committed a murder or fraud or some other criminal offence. The person must be brought before a Justice of the Peace as soon as possible—normally within 24 hours—to see if they can be released from custody. The police cannot hold the suspect in custody without proper grounds (or reasons) to arrest or detain them. The police must be able to justify what they did. | ||
Another example: a person walking along the sidewalk can normally continue on their way, uninterrupted by the police—unless the police have the legal power to stop or arrest them. If the police believe the person is connected to a crime, they have a legal power to stop or detain them to investigate. If the police have reasonable grounds to arrest a person for committing a crime, they can arrest them. In this example, the person can ask the police what legal authority they are relying on, and if they are required to stop or answer questions. | Another example: a person walking along the sidewalk can normally continue on their way, uninterrupted by the police—unless the police have the legal power to stop or arrest them. If the police believe the person is connected to a crime, they have a legal power to stop or detain them to investigate. If the police have reasonable grounds to arrest a person for committing a crime, they can arrest them. In this example, the person can ask the police what legal authority they are relying on, and if they are required to stop or answer questions. | ||