Assignment Question
Canadian Charter of Rights and Freedom, and Canadian Criminal Code.
Assignment Answer
The Canadian Charter of Rights and Freedoms: Safeguarding Justice in the Canadian Criminal Code
Introduction
The Canadian Charter of Rights and Freedoms, often referred to simply as the Charter, is a cornerstone of Canada’s legal framework, providing a robust safeguard for individual rights and freedoms. Enacted in 1982 as part of the Constitution Act, the Charter has profoundly influenced Canada’s legal landscape, particularly within the realm of criminal law. In this essay, we will explore the symbiotic relationship between the Canadian Charter of Rights and Freedoms and the Canadian Criminal Code, examining how the Charter serves as a guardian of justice, fairness, and the rule of law within the criminal justice system.
The Charter: A Foundation for Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a comprehensive document that guarantees a wide range of civil liberties to Canadian citizens and residents. It outlines fundamental rights and freedoms that individuals can rely on when interacting with the government and its institutions. These rights include freedom of expression, freedom of assembly, the right to a fair trial, protection against unreasonable search and seizure, and many others. While the Charter is celebrated for its role in protecting individual rights in various contexts, it is particularly relevant within the Canadian Criminal Code.
The Charter and the Canadian Criminal Code: A Symbiotic Relationship
The Canadian Criminal Code is the primary legal framework governing criminal offenses in Canada. It establishes the offenses, penalties, and procedures for the criminal justice system. In this section, we will delve into the ways in which the Charter intersects with the Criminal Code, highlighting how it influences the treatment of accused individuals, the conduct of trials, and the overall fairness of the criminal justice system.
- The Right to a Fair Trial
One of the most fundamental principles enshrined in the Charter is the right to a fair trial, as articulated in Section 11(d): “Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.”
This right plays a pivotal role within the Canadian Criminal Code, affecting various aspects of criminal proceedings. For example, it influences the rules of evidence and procedure, ensuring that accused individuals are treated fairly throughout their trial. It places the burden of proof on the prosecution, requiring them to establish the guilt of the accused beyond a reasonable doubt. This high standard of proof serves as a critical safeguard against wrongful convictions.
The right to a fair trial also intersects with other Charter rights, such as the right to legal counsel (Section 10(b)) and the right to remain silent (Section 7). These rights ensure that accused individuals have access to legal representation and can exercise their privilege against self-incrimination, contributing to the overall fairness of the criminal justice system.
- Protection Against Unreasonable Search and Seizure
Section 8 of the Charter protects individuals against unreasonable search and seizure, a right that has significant implications within the Canadian Criminal Code. This provision prohibits law enforcement agencies from conducting searches or seizures without a lawful authority, such as a warrant issued by a judicial officer.
In the context of criminal investigations, Section 8 serves as a check on the powers of the police and ensures that evidence obtained through illegal searches is excluded from trial. The exclusionary rule, also known as the “fruits of the poisoned tree” doctrine, prevents unlawfully obtained evidence from being used against the accused. This rule, rooted in the Charter, safeguards the integrity of the criminal justice system and deters unlawful police conduct.
Moreover, Section 24(2) of the Charter empowers the courts to exclude evidence obtained in violation of Charter rights if its admission would bring the administration of justice into disrepute. This provision underscores the Charter’s role in shaping the rules of evidence and its impact on the Canadian Criminal Code.
- The Right to Life, Liberty, and Security of the Person
Section 7 of the Charter guarantees that “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.” This broad and overarching right touches upon various aspects of criminal law, particularly in relation to sentencing and the treatment of accused individuals.
Within the Canadian Criminal Code, Section 7 influences sentencing decisions, ensuring that they are proportionate and consistent with the principles of fundamental justice. It also intersects with issues related to pre-trial detention, bail hearings, and the treatment of individuals in custody.
One notable example of Section 7’s impact on the Criminal Code is seen in the case of R. v. Jordan (2016), where the Supreme Court of Canada established strict timelines for the completion of criminal trials. This decision was driven by concerns that lengthy delays in criminal proceedings could infringe upon an accused individual’s right to a timely trial, as protected by Section 7 of the Charter.
- Freedom of Expression and Hate Speech
Freedom of expression, protected under Section 2(b) of the Charter, plays a significant role in the Canadian Criminal Code, especially in the context of hate speech and defamation offenses. While the Charter recognizes the importance of free expression, it also acknowledges that certain limitations may be justifiable in a democratic society.
In the Criminal Code, hate speech offenses (Section 318) are designed to address expressions that promote hatred against specific groups based on characteristics such as race, religion, or ethnicity. These provisions must be carefully balanced with the right to free expression. Courts must consider whether restrictions on hate speech are demonstrably justified in a free and democratic society, as per Section 1 of the Charter.
The tension between free expression and hate speech regulation has led to important legal debates and landmark decisions in Canada. Cases like R. v. Keegstra (1990) and R. v. Whatcott (2013) have explored the limits of free speech in the context of hate speech, demonstrating the Charter’s role in shaping the boundaries of criminal law in Canada.
- The Right to Equality
Section 15 of the Charter guarantees the right to equality before and under the law, prohibiting discrimination based on various grounds, including race, gender, and disability. While this right primarily relates to issues of civil equality, it also has implications within the Canadian Criminal Code.
For example, the principle of equality before the law extends to the treatment of accused individuals within the criminal justice system. This means that all individuals, regardless of their background or characteristics, should receive equal treatment before the law and in their interactions with law enforcement, the judiciary, and correctional institutions.
Section 15 has been invoked in various criminal law cases to challenge discriminatory practices or laws that disproportionately impact certain groups. It underscores the Charter’s role in promoting a just and equitable criminal justice system.
- The Right to Legal Counsel
Section 10(b) of the Charter guarantees the right to legal counsel upon detention or arrest. This right is a crucial element of the Canadian Criminal Code, as it ensures that accused individuals have access to legal advice and representation during their interactions with law enforcement and throughout the criminal justice process.
The right to legal counsel is vital for protecting the rights of the accused, ensuring that they are informed of their rights and have the opportunity to consult with a lawyer before making statements to the police. This right has far-reaching implications for the conduct of interrogations, the admissibility of statements, and the overall fairness of the criminal justice system.
Notably, the right to legal counsel intersects with the right to a fair trial, as individuals who are not adequately informed of their rights or are denied access to legal representation may be at a disadvantage during their trial. Section 10(b) plays a pivotal role in safeguarding the rights of accused individuals within the Canadian Criminal Code.
Conclusion
The Canadian Charter of Rights and Freedoms serves as a cornerstone of Canadian law and profoundly influences the Canadian Criminal Code. Through its provisions, the Charter safeguards individual rights and freedoms, promotes fairness within the criminal justice system, and shapes the rules and procedures governing criminal proceedings. It is essential to recognize the symbiotic relationship between the Charter and the Criminal Code, as it underscores the importance of constitutional principles in the administration of justice in Canada.
As Canada continues to grapple with evolving legal and societal challenges, the Charter remains a dynamic and living document that adapts to changing circumstances. It is a testament to the nation’s commitment to upholding the rule of law, protecting individual rights, and ensuring that justice is not only served but is also perceived as fair and equitable by all citizens.
In conclusion, the Canadian Charter of Rights and Freedoms is not merely a legal document; it is the embodiment of Canada’s values and aspirations. It reflects the nation’s commitment to justice, equality, and the protection of individual rights within the context of the Canadian Criminal Code. As the Charter continues to shape the evolution of Canadian law, it stands as a testament to the enduring pursuit of justice and freedom in the Great White North.
References
- Canada. (1982). Constitution Act, 1982.
- Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11.
- Canada. (1985). Criminal Code, RSC 1985, c C-46.
- R. v. Jordan, [2016] 1 S.C.R. 631.
- R. v. Keegstra, [1990] 3 S.C.R. 697.
- R. v. Whatcott, [2013] 2 S.C.R. 467.
- Canada. (1982). Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982.
- Canada. (1982). Constitution Act, 1982, s. 11(d).
- Canada. (1982). Constitution Act, 1982, s. 8.
- Canada. (1982). Constitution Act, 1982, s. 24(2).
- Canada. (1982). Constitution Act, 1982, s. 7.
- Canada. (1982). Constitution Act, 1982, s. 2(b).
- Canada. (1982). Constitution Act, 1982, s. 1.
- Canada. (1982). Constitution Act, 1982, s. 15.
- Canada. (1982). Constitution Act, 1982, s. 10(b).
