section 7-14 of the charter
An overview of some of the rights under section 7-14 also know as your legal rights in the Canadian Charter Of Rights And Freedoms.
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
importance of legal rights
In Canada legal rights help you as an individual to life, liberty and security. Legal rights, outline the rights that can be used by Canadian citizens when dealing with police or even the justice system. These right focus more on individuals who are in legal proceedings or are charged with a criminal offence. If you are involved in a legal proceeding or even a criminal offence, legal rights help protect you from not getting subjected to any cruel and unusual treatment or punishment. Once one is charged with a criminal offence him or her feel that their liabilities are lost, but that is not true because every individual has their legal right to protect them. One of the key focuses legal right portray is between police and Canadian citizens, because a lot of rights under this section help citizens when dealing with a police officer.
Here are some examples:
8. Everyone has the right to be secure against unreasonable search or seizure.
11. Any persons charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
As you can see from those examples it shows how a police officer cant just do what ever he feels like doing. These laws almost create a boundary line on what a police can and can not do when dealing with a person under a criminal offence. This also means a police officers must carry out his duties in a fair and reasonable manner when dealing with people.
Here are some examples:
8. Everyone has the right to be secure against unreasonable search or seizure.
11. Any persons charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
As you can see from those examples it shows how a police officer cant just do what ever he feels like doing. These laws almost create a boundary line on what a police can and can not do when dealing with a person under a criminal offence. This also means a police officers must carry out his duties in a fair and reasonable manner when dealing with people.
case study
![Picture](/uploads/1/7/1/6/17166176/3848686.png)
R. v. Mann
In December 2000, Philip Mann was walking near the site of a break and enter, two police officers asked him to identify himself because he fit the description of the suspect. Mann replied to the officers questions and agreed to a pat-down search in which police officers would search for weapons. During the search police officers did not find any weapons, but they found marijuana and two Valium pills.
Mann was then arrested and charged with possession of marijuana for the purpose of trafficking. The evidence was excluded under section 24(2) of the charter because the judge concluded that there was no evidence to suggest that it was reasonable for the officer to search his pockets for security reasons.
The crown appealed to the Manitoba Court of Appeal, which ordered a new trial. This trial was concerned with creating a safe environment for police officers and did not want to restrict pat down searches. Mann then appealed this case to the Supreme Court of Canada and there judges concluded that the search was a violation of section 8 of the charter because police officers started this search for the purpose of protection since he matched the descriptions of the break and enter. However, police officers only had the right to search for weapons nothing else. When the police officer reached into the sweater pocket of Mann's sweater he actually shifted the purpose of the pad down search for ensuring safety to detecting and collecting. Therefor the evidence was excluded.
In December 2000, Philip Mann was walking near the site of a break and enter, two police officers asked him to identify himself because he fit the description of the suspect. Mann replied to the officers questions and agreed to a pat-down search in which police officers would search for weapons. During the search police officers did not find any weapons, but they found marijuana and two Valium pills.
Mann was then arrested and charged with possession of marijuana for the purpose of trafficking. The evidence was excluded under section 24(2) of the charter because the judge concluded that there was no evidence to suggest that it was reasonable for the officer to search his pockets for security reasons.
The crown appealed to the Manitoba Court of Appeal, which ordered a new trial. This trial was concerned with creating a safe environment for police officers and did not want to restrict pat down searches. Mann then appealed this case to the Supreme Court of Canada and there judges concluded that the search was a violation of section 8 of the charter because police officers started this search for the purpose of protection since he matched the descriptions of the break and enter. However, police officers only had the right to search for weapons nothing else. When the police officer reached into the sweater pocket of Mann's sweater he actually shifted the purpose of the pad down search for ensuring safety to detecting and collecting. Therefor the evidence was excluded.