May 12
Lockyer Zaduk Zeeh, based in Toronto, is a firm of experienced trial lawyers. We represent people charged with criminal offences across Ontario, which includes Cobourg, Lindsay, Peterborough, Belleville, Napanee, and Kingston. If you are looking for a representation in a criminal matter, Lockyer Zaduk Zeeh have the trial experience to skillfully defend your case.
How does the Charter Play a Role in My Criminal Charge?
From your arrest to an appeal, the Charter plays a crucial role in your criminal matter. It is important that you ensure your Charter rights are protected throughout your criminal matter. This can range from the right to a fair trial or the right to a speedy trial (section 11(b)).
In a criminal trial, the Charter sets out various protections, which includes:
- Investigative Stage: Police conduct must be Charter You have Charter rights to be free from arbitrary detention or arrest, to be free from unreasonable search or seizure, to know the reason(s) for your detention or arrest and be advised of your right to counsel.
- Trial Stage: Section 11(d) of the Charter guarantees your right to be presumed innocent until proven guilty. This means that the burden of proof rests on the Crown to prove your guilt beyond a reasonable doubt. It also ensures that you are not required to prove your innocence. You also have the right to a fair trial which includes various sub-rights, such as the right to a public trial, the right to a trial within a reasonable time (section 11(b)), and the right to an impartial judge or jury.
- Sentencing Stage: Section 12 of the Charter protects you from cruel and unusual punishment. If convicted, this ensures that any punishment imposed on you must not be excessive or degrading.
These are just a few examples of how your Charter rights play a role in your criminal trial. The specific rights that may be engaged will depend on the circumstances of your case, and courts will carefully consider and interpret these rights to ensure that your trial is conducted fairly and in accordance with the principles of justice.
