criminalappeals

 The  Canadian Charter of Rights and Freedoms  safeguards constitutional rights in Canada. Section 10 of the  Charter  protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly informed of the reasons for their arrest or detention. Section 10(b) ensures that individuals are informed of their right to speak with a lawyer without delay and then provided with an opportunity to speak with a lawyer.   https://criminalappeals.net/what-is-section-10-of-the-charter.html

 Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions. https://criminalappeals.net/how-does-bail-work-in-canada.html

 The  Canadian Charter of Rights and Freedoms  safeguards constitutional rights in Canada. Section 10 of the  Charter  protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly informed of the reasons for their arrest or detention. Section 10(b) ensures that individuals are informed of their right to speak with a lawyer without delay and then provided with an opportunity to speak with a lawyer.   An arrest occurs when police engage in the “actual seizure or touching of a person’s body with a view to detention” ( R v Latimer,  [1997] 1 SCR 217 at paragraph 24), or when the police officer says the “words of arrest” and the individual submits to arrest. Arrest can trigger multiple different police powers, such as the ability to conduct a search incident to arrest, or sometimes to take fingerprints or a mugshot. https://criminalappeals.net/what-is-section-10-of-the-charter.html

 Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions.   In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable. There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the  Criminal Code  (e.g., murder) or when they have previously been granted released and are alleged to have breached a condition of that release. All these...

 The  Canadian Charter of Rights and Freedoms  protects constitutional rights in Canada. Section 8 of the  Charter  protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose of section 8 is to balance people’s right to be left alone with the government's desire to enforce the law. A section 8 violation will only be found where a search or seizure conducted by police is unreasonable. An experienced Edmonton criminal lawyer can help you understand whether you have been subject to an unreasonable search or seizure.   A “search” under section 8 is any government activity which interferes with a person’s reasonable expectation of privacy. This could include a police officer reading your text messages, or the recording of a private conversation. A “seizure” under section 8 is when a police officer takes a person’s belongings without their consent. https://criminalappeals.net/what-is-section-8-of-...

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