The Canadian Charter of Rights and Freedoms was formed as part of our constitutional repatriation in 1982. It is a supreme document in the sense that all authority given to the government must be exercised in accordance with the principles and protections afforded to persons charged with an offence, by the Charter. The Charter applies to the conduct of police officers, the Criminal Code and to the process of the criminal justice system.

Some of the rights that are afforded to you as a person accused of an offence include 'the right':

  • To be secure against unreasonable search or seizure,
  • To be arbitrarily detained or imprisoned,
  • To be informed promptly of the reasons for the arrest or detention and to be able to consult with a lawyer without delay and to be informed of that right.
  • To be informed promptly of the specific charges,
  • To be tried within a reasonable time,
  • To not be compelled to be a witness against yourself,
  • To be presumed innocent until proven guilty,
  • To be tried in a fair and public hearing by an independent and impartial tribunal,
  • To not be denied bail without just cause.
If you, or someone you care about, is dealing with criminal law issues in the Newmarket, Ontario , York Region, contact me for a consultation.