Charter Procedural Safeguards

Question 1

Stage in the criminal justice process

What are the Procedural safeguards:
At the time of an arrest?

• What section(s) of the Charter are applicable?

Answer 1

• The right to be notified of the reason for the arrest
• The right to remain silent
• The right to consult with a lawyer

Section 10 (a) everyone has the right on arrest or detention to be informed promptly of the reasons therefore.

Section 10 (b) everyone has the right on arrest or detention to retain and instruct counsel without delay and to informed of that right

Question 2

Stage in the criminal justice process

What are the Procedural Safeguards: pre-trial?

What section(s) of the charter are applicable?

Answer 2

• The right to a hearing pre-trial detention

Section 9.) everyone has the right to not be arbitrarily detained or imprisoned

Section 11 (e) Any person charged with an offence has the right not to be denied reasonable bail without just cause

Question 3

Stage in the criminal justice process

What are the Procedural safeguards: Search and Seizure?

What section(s) of the charter are applicable?

Answer 3

• The right to be free from unreasonable search and seizure.

Section 8.) Everyone has the right to be secure against unreasonable search and seizure.

Question 4

Stage in the criminal justice process

What are the Procedural Safeguards: At trial?

What section(s) of the charter are applicable?

Answer 4

-The burden of proof rests with the Crown.
- The accused is presumed innocent and the crown must prove guilt beyond a reasonable doubt
- an accused is under no obligation to present a defence to a charge
- The accused has the right to be tried within a reasonable amount of time
- The accused has the right to an interpreter

Section 11(d): Any person charged with an offence has the right to be presumed innocent until proven guilty according to a law in a a fair and public hearing by an independent and impartial tribunal

Section 11(b) Any person charged with an offence has the right to be tried within a reasonable time

Section 14.) A party or witness in any proceeding who does not understand or speak the languages in which the proceedings are conducted or who is dead has the right to assurance of and interpreter

Question 5

Stage in the criminal justice process

What are the Procedural Safeguards:
At Sentencing?

What section(s) of the charter are applicable?

Answer 5

• The accused should receive a penalty that reflects the nature of the offence

Section 12.) Everyone has the right not to be subjected to any cruel or unusual treatment or punishment