Criminal Law is a branch of the law that pertains to crimes and their respective punishments. In Canada and Ontario, criminal law falls within the jurisdiction of the federal government; however, both jurisdictions also have their own criminal laws and regulations. In addition, there are certain offences which may be prosecuted by both jurisdictions, with each having its own sentencing guidelines.

 

The Criminal Code of Canada (R.S.C., 1985, c. C-46) is the foundational document of criminal law in Canada and it sets out the various rights, freedoms and responsibilities of all citizens. This includes the offence of murder, theft, assault, fraud, mischief and other acts of violence. Each offence carries a specific penalty as well as an overall breakdown of how sentences might be calculated. Court decisions can lead to changes in the interpretation of the law or even create new legislation, so staying up to date on criminal law developments is important.

 

In Ontario, the criminal justice system operates under different rules. For example, the province has specific procedures related to arrest and bail and sentencing guidelines for particular offenses. In addition, Ontario deals with certain special matters such as youth and young offenders, the mentally disordered offender’s program (MDOP), criminal organizations and hate crimes.

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Criminal Code of Canada

The criminal code of Canada and law in Ontario are very important, as they determine how and when individuals can be charged with an offence and what repercussions they may face. The criminal code contains the rules and regulations surrounding criminal behaviour governing all Canadians. In Ontario, the offences defined in the Code are those that are considered most serious and will result in a sentence greater than two years imprisonment upon conviction. However, there are other less serious offences that are known as “summary conviction” offences, which are heard in provincial court and lead to lesser sentences.

 

In Ontario and throughout Canada, punishments for criminal offences range from fines to community service or probation to jail or prison sentences. Typically, judges will use a system of sentencing guidelines to determine the appropriate punishment for an offence, based on the severity of the crime and the individual’s circumstances. 

 

For more serious crimes, such as murder and drug trafficking, jail or prison sentences may be imposed anywhere between 3 months and life imprisonment, depending on individual circumstances. For less serious offences such as theft or impaired driving, one may expect shorter sentences of probation, fines, and/or community service orders. 

 

It is important to note that penalties may vary between provinces due to their own particular laws and the judge’s discretion in handing down the sentence. Therefore, it is best to consult a lawyer prior to court proceedings if you are accused of a criminal offence.

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The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms outlines the civil liberties of Canadians in criminal proceedings that must be followed by all government entities, including within Ontario. S.10 of the Charter outlines the rights to security of a person within those criminal proceedings. These rights are enshrined in order to protect our freedoms and maintain procedural fairness for those accused of a crime in Canada. 

 

S.10 of the Charter defines that anyone detained or arrested by law enforcement must be informed immediately of why they are being detained as well as their right to legal counsel. This includes anyone that has been arrested, charged with a crime in Canada, or is facing a deportation hearing. The detained individual also has the right to speak with a lawyer without delay, either making arrangements themselves or through a Legal Aid Service. They are also entitled to receive the contact information of the nearest duty counsel in case they cannot arrange counsel on their own.

 

Furthermore, s.10 of the Charter states that accused persons have the right to receive prompt trial without unreasonable delays. This protection is rooted in the right to a fair trial and ensures that individuals do not experience prolonged detention periods while awaiting their court date. This applies both to bail hearings and to trials while under court supervision.

 

In addition, s.10 of the Charter gives accused persons the freedom from any cruel and unusual punishment when incarcerated or in legal custody. This includes physical assault, psychological abuse or neglect of basic needs such as food and hygiene.

 

Above all else, the Canadian Charter of Rights and Freedoms' s. 10 emphasizes the protection of an accused citizen's rights to due process and a fair trial. By protecting important individual liberties such as security of person, arranged legal representation, prompt trial, and humane treatment during incarceration, we are upholding a pillar of Canada's justice system - equality before the law. 

 

 

The Charter of Rights and Freedoms enshrined in the Canadian Constitution is a cornerstone of our democracy, protecting individuals from government action that might infringe upon their right to life, liberty and security. Section 9 of the Charter in particular states that everyone has the right to be secure against unreasonable search or seizure. This section protects individuals from arbitrary detention, interception of private communication and searches of property without prior justification.

 

In Ontario and throughout Canada, this principle of security from unreasonable state intrusion is highly respected. The Canadian judiciary has consistently interpreted section nine to apply broadly, making sure that all search and/or seizure activities are made with proper authorization. The Supreme Court of Canada has identified several key cases where individuals have been able to successfully argue that their privacy rights have been violated in criminal proceedings.

 

For instance, in R. v. Tessling, an Ontario resident was arrested for impaired driving but the police had failed to remind him of his right to remain silent. As a result, he was convicted, but the Supreme Court overturned the conviction because his right to silence had been violated. Even though impaired driving is not inherently a Charter-protected crime, as in other cases where constitutional violations occurred during the investigation, the evidence was excluded and the defendant’s rights were considered paramount.

 

Similarly, in Hunter v. Southam, the Supreme Court ruled that warrantless searches should only be allowed in special circumstances. This laid out guidelines for what type of searches can be conducted without a warrant, as well as steps that must be taken by police officers when conducting these searches. As outlined in s.9 of the Charter of Rights and Freedoms, it is up to the courts to make sure that individuals’ rights to be secure against unreasonable search and seizure are fully protected.

 

Ultimately, section nine of the Charter of Rights and Freedoms plays an important role in criminal law throughout Canada and Ontario. It ensures that individuals’ civil rights are safeguarded by putting boundaries on how far police and other investigative authorities can go when searching or seizing property without proper justification. Furthermore, it helps prevent evidence obtained through potentially unconstitutional methods from being used in trials. In turn, this affords Canadians with increased protection from potential wrongdoings committed in their name and encourages the highest ethical standards for law enforcement across the country.

 

The Canadian Charter of Rights and Freedoms, which is part of the Constitution Act 1982, guarantees citizens certain civil rights and freedoms. These rights include fundamental freedoms like freedom of religion and expression, mobility rights, democratic rights, legal rights, equality rights and language rights. Section 7 of the Charter deals with a number of criminal law issues, including protection from arbitrary detainment, cruel and unusual punishment, and retroactive punishments. 

 

When it comes to criminal law in Canada, particularly in Ontario, section 7 of the Charter ensures that individuals won’t be illegally or arbitrarily detained or punished, and that they are protected if they are deprived of their legal rights and liberties. Section 7 applies even before the start of criminal proceedings. It also stipulates that individuals must receive a fair trial within a reasonable time period, that their punishment should not be cruel, and that their professional and personal life must be respected. 

 

This means that police officers, prosecutors and judges must ensure that certain standard procedures are followed when conducting an investigation into a suspected criminal activity. For example, they must inform the person they are investigating of the reason why they are being investigated, and they must give them a chance to defend themselves before any charges are laid. They must also take into consideration all relevant circumstances prior to determining whether or not a criminal offence has been committed. Finally, the Charter guarantees that the accused’s right to a fair trial will not be violated under any circumstances, including overly long delays.

 

In summary, section 7 of the Canadian Charter of Rights and Freedoms plays a key role in protecting citizens from arbitrary detainment, cruel and unusual punishment, and other types of unfair treatment in criminal law cases in Canada and Ontario. By guaranteeing basic human rights during criminal proceedings, section 7 ensures that everyone receives a fair trial and appropriate sentencing for any crime they may have committed.

 

The Charter of Rights and Freedoms, otherwise known as the Canadian Charter of Rights and Freedoms or simply the Charter, is a bill of rights enshrined in the Constitution of Canada. It is one of Canada's most important and influential documents, offering protection for individual rights, liberties and freedoms. Section 11 of the Charter protects individuals accused of a criminal offence with a wide range of rights, including the right to be informed promptly of the specific offence being charged, the right to be considered innocent until proven guilty, and the right to a fair trial before an impartial court. 

 

In Canada, the protections offered by section 11 of the Charter apply to all individuals charged with a criminal offence under the Criminal Code of Canada or any other federal statute. Ontario has adopted section 11 Charter rights for provincial offences, such as those set out in the Highway Traffic Act, so that Ontarians will benefit from similar safeguards as those found in the Criminal Code.

 

Section 11 sets out a number of fundamental principles that guide the criminal justice process in Canada, including the presumption of innocence, the right to a fair hearing, the right to counsel, the right against self-incrimination, and the right to double jeopardy. These principles ensure that individuals who stand accused of a criminal offence receive a fair and just judicial process, regardless of the severity of their crime. 

 

The right to a fair trial includes the right to a full defence and the right to be informed of the evidence presented against them by the Crown. All accused persons have the right to call witnesses, cross-examine witnesses called by the Crown, test the reliability of the evidence being presented, and, ultimately, argue their case before the court. The right to remain silent also protects the accused from being compelled to incriminate themselves, as well as protecting them from hearsay and opinion evidence. 

 

In sum, section 11 of the Charter plays an integral role in preserving the integrity of Canada’s criminal justice system. By affording people accused of a criminal offence essential due-process rights, it helps to ensure that those who are facing serious legal proceedings receive a fair consideration of the charges laid against them. Furthermore, by recognizing the importance of protecting individual rights, freedoms, and liberties, it helps to maintain a civilized, democratic country.

 

Exclusion of evidence due to Charter violation in criminal law is a common occurrence in Canada and Ontario. The Canadian Charter of Rights and Freedoms (the "Charter") is the document that outlines our fundamental rights and freedoms as Canadians. As such, if any of these rights have been infringed upon by the Crown or its agents, then evidence obtained may be excluded from a criminal trial. 

 

The Supreme Court has established criteria for how this exclusion should occur. In order for evidence to be excluded, the defence must demonstrate that the Crown's conduct in obtaining it violated an accused’s Charter rights; and that having regard to these facts, the admission of the evidence would bring the administration of justice into disrepute.

 

The purpose behind the exclusion of evidence is to ensure that the state upholds its responsibility to follow the Charter in order to maintain public confidence in the justice system. This is why courts tend to exclude only the most egregious Charter violations from proceedings.

 

In some cases, the Charter itself will dictate whether evidence should be excluded. For example, police officers who question a suspect without reading them their rights violates section 10(b) of the Charter. As a result, any evidence obtained during this questioning cannot be used in the trial. 

 

Even when the Crown violates the Charter and evidence is excluded, there are still steps they can take to mitigate this exclusion. For example, the Crown can ask the court to consider whether the evidence that was obtained would anyway have eventually been admitted through proper lawful means. This way, the state can still use the evidence while upholding the Charter and avoiding a potential double jeopardy situation.

 

The exclusion of evidence due to a Charter violation is a complicated matter, one which requires careful and detailed consideration on the part of both attorneys. However, the courts have made it clear that if the Charter is violated during the course of obtaining evidence, then the evidence must be excluded— no matter how important it might be to the prosecution. Ultimately, this helps ensure that all citizens of Canada and Ontario are protected from mistreatment from the state’s agents, and ensure that everyone has access to a fair trial.

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Right to be Free from Unreasonable Search

The right to be free from unreasonable search and seizure is a fundamental Charter right in Canada and Ontario. This Charter right applies to allow individuals to be safe from government intrusion, as well as to ensure that the police do not overstep their authority when it comes to searching people or places.

 

When talking about this Charter right in criminal law, it is important to understand that any “search” must be reasonable for it to comply with constitutional rights. In order for a search to be deemed reasonable, the police must generally have the consent of the person being searched, reasonable grounds to believe an offence has been committed, and a warrant issued by the court.

 

In Canada and Ontario, unreasonable searches are defined by Section 8 of the Canadian Charter of Rights and Freedoms. This section states that ‘Everyone has the right to be secure against unreasonable search or seizure.’ It also provides that people have a right to be informed of the reason why they have been searched and of their right to challenge the search.

 

The legality of any search is determined by looking at five criteria; whether there is a reasonable expectation of privacy, if the police had the accused's consent, the purpose of the search, the manner of the search, and the extent of the search. This means that if the police searched someone without a warrant, and without providing reasonable grounds to believe an offence has been committed, then the search will be deemed unreasonable and in violation of Charter rights.

 

Overall, when considering legal matters involving search and seizure rights it is important to remember that the Charter of Rights and Freedoms guarantees Canadians the right to be free from government intrusion and unreasonable searches. If a search is found to be in violation of this right, it may result in evidence produced being excluded from the proceedings in court or even entire charges dropped. Therefore, it is important to understand The charter rights guaranteed in Canada and Ontario to protect individuals from unreasonable searches and seizures.