Supreme Court of Canada Fundamental Legal Rights Fundamental

Supreme Court of Canada Fundamental Legal Rights

Fundamental Legal Rights • Free from unreasonable searches and seizures • To be told the reason for your arrest and/or detention • To be given the details of your offence upon arrest / being charged • Not be subjected to cruel and unusual punishment Toronto’s G-20 Summit “the starlight tour” Neil Stonechild

• Presumed innocent until proven guilty (the burden of proof rests on the prosecution) • Not be a witness at your own trial • Cannot be denied bail without just cause • Represented by counsel (lawyer) • Tried within a reasonable time “For my friends, anything, for my enemies, the law” Alberto Fujimori, former Peruvian president

The Court System • in Canada’s justice system, when crimes occur everyone has the right to seek justice in court • the guilty are punished by way of fines, community service, or perhaps jail • at a trial in court, arguments are presented to an impartial judge or jury • judges are independent, appointed (not elected) and protected from dismissal • any court decision is subject to appeal which can lead to a new trial • most criminal cases are heard in provincial courts (robbery, murder) • personal matters (property disputes, law suits) are civil cases • in a trial witnesses are questioned, to lie in court (perjury) is a serious crime “It may be true that the law can’t change the heart, but it can restrain the heartless” Martin Luther King David Milgaard

Dominique Strauss-Kahn’s “perp walk” • a violation of the rights of the accused? • under French law, suspects may not be shown handcuffed, nor their faces exposed • accused of rape • hauled off a plane • denied bail • identified in a line-up • subjected to the “perp walk”

Sentencing “When the punishment fits the crime” London, Toronto and Vancouver: What is a fitting punishment?

FOUR PHILOSOPHIES AFFECTING SENTENCES: PUNISHMENT: The offender should be punished in order to ensure the public understands that the offence is serious – no one is above the law! DETERRENCE: Discouraging the offender from committing the same crime

PROTECTION: Protecting the public/society from dangerous people REHABILITATION: Helping the offender change in order rejoin society as a functional member (law abiding / productive citizen) Charles Manson The Scarborough Rapist

Agree or disagree… In times of war or crisis, civil liberties (your freedoms) may be curtailed. 1914 1942 Has this ever actually happened in Canada? 1970 2010

True or False • You can be held under arrest for as long as the government wants. ___ • Evidence obtained without a search warrant is not admissible in court. ___ • The Crown does not have to show you or your lawyer all the evidence they will use against you in the trial. • You need to have a lawyer with you in any trial. ___ • In a court of law, the accused has to prove he or she is innocent. ___ • You must be read your Charter rights if you are arrested. ___ • The Crown has to prove you’re guilty “beyond a reasonable doubt. ” • Your freedoms are guaranteed as long as you don’t interfere with the freedoms of others. ___