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The Charter of Rights and Freedoms

Basic Fundamental Right

As one of the best criminal lawyers in Brampton, we always ensure that our clients are provided with

Charter protection. Sections 7 to 14 set out rights that protect Canadians when dealing with the justice system. They ensure that individuals who are involved in proceedings are treated fairly, especially those charged with a criminal offence. Section 7 - Life, liberty and security of person. Section 7 guarantees the life, liberty and personal security of all Canadians. It also requires that governments respect the basic principles of justice whenever they intrude on those rights. Section 7 often comes into play in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost. Section 8 - Search or seizure. According to the Supreme Court of Canada, the purpose of section 8 is to protect a reasonable expectation of privacy. The police cannot enter private property or take things from others unless they can show that they have a clear legal reason. In most cases, they are allowed to enter private property to look for evidence or to seize things only if they have been given a search warrant by a judge. As criminal lawyers in Brampton, we will ensure that any search is compliant with the Charter. Section 9 - Detention or imprisonment. Section 9 says that government officials cannot take individuals into custody or hold them without a good reason. For example, a police officer must have reasonable grounds for detaining a person. Section 10 - Arrest or detention. 10. Everyone has the right on arrest or detention. The rights in section 10 apply when a person is arrested or detained. They ensure that people under arrest have a chance to challenge the lawfulness of their arrest. The police must tell them quickly the reasons for their arrest. These people also have the right to talk to a lawyer to get legal advice about their situation. As a top criminal lawyer in Brampton, we are always available to speak to you and provide the appropriate legal advice. Section 11 - Proceedings in criminal and penal matters. Section 11 sets out several important rules that protect anyone charged with an offence under federal, provincial or territorial law. Persons accused of a crime must be told promptly what offence they are charged with (section 11 a) their trials must take place within a reasonable time (section 11 b); and they cannot be forced to testify at their own trials (section 11 c). Anyone accused of breaking the law is considered to be innocent until proven guilty. This means that the prosecution must prove beyond a reasonable doubt. If you are charged, then visit our criminal law firm in Brampton and we will explain which sections of the Charter are applicable to your case.


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