Apr 16
Charter Rights: What is Search Incident to Arrest?
Search incident to arrest is a legal doctrine that allows police officers to conduct a search of an arrested person and the surrounding area without a warrant. It is not an automatic right for law enforcement officers.
Apr 16
Charter Rights: Detention
A police interaction can turn into a detention when a person’s freedom of movement is restricted or restrained by the police, even if it is only temporarily. A detention occurs when a reasonable person in the individual’s circumstances would feel that they are not free to leave. This means that a person does not have to be physically restrained or placed in handcuffs to be considered in detention. If the police use their authority to restrict a person’s freedom of movement, either through physical force, verbal commands, or by creating an intimidating or coercive environment, then it could be considered a detention.
Apr 16
Charter Rights: Consent Search
If you voluntarily give your consent for the police to search a location (such as your vehicle) or your cell phone, they can do so without a warrant.
Apr 10
Charter Rights: What is the Right to Silence?
The right to silence is a legal principle that allows an individual who has been arrested or detained to remain silent and not incriminate themselves during questioning. This right is protected by ss. 7 and 11(c) of the Canadian Charter of Rights and Freedoms.
Apr 10
Charter Rights: What is a Reasonable Expectation of Privacy?
In Canada, the reasonable expectation of privacy is a legal concept that is protected by s. 8 of the Canadian Charter of Rights and Freedoms. This section guarantees the right to be secure against unreasonable search or seizure.
Apr 10
Charter Rights: The Exclusion of Evidence
In Canada, the rules for excluding evidence are primarily governed by the Canadian Charter of Rights and Freedoms and the common law. The exclusion of evidence is an important issue in criminal trials because evidence that is obtained in violation of an accused person’s constitutional rights may not be admissible in court.
