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Sections 7-11 and Legal Rights When Being Detained or Arrested

A Brief Summary of Sections 7-11 Sections 7-11 outlines the legal rights of a Canadian individual. Section 7 states that everyone has the right to life, liberty and security and cannot have those rights taken away from them unless there is a conflict with the principles of fundamental justice. Section 8 states that everyone has the right to deny an unreasonable search or seizure. Section 9 states that everyone has the right not to be imprisoned on a random basis. Section 10 states that you have rights during arrest and detention (which will be covered below). Finally, Section 11 states that every individual has the right to be informed about the offence they are being charged with, have the right to be considered innocent until proven guilty and not to be denied reasonable bail on any charges being placed on an individual. Section 11 applies to both criminal and regulatory offences. Legal Rights When Being Detained or Arrested The Canadian Charter of Rights and Freedom...
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Finding a Local Defence Lawyer

Subsequent to being arrested, law enforcement must provide you with a list of local defence lawyers and their contacts, along with a phone. A few local defence lawyers in Surrey, B.C are: Josh Krueger - 604.757.4725 Mike Beckett - 604.787.2258 Kevin Filkow - 604.558.8778 Michael Shapray - 604.725.430
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Difference Between Being Detained and Being Arrested and Police's Responsibility

Difference Between Detention and Getting Arrested In a typical detention scenario, police officers will stop you in public if they are suspicious that you have a motive that may cause harm to others or themselves. For example, if the police see a man loitering around town they may become suspicious that he is responsible for drug sales. During detention, police have the right to pat-down the suspect if they believe that they have any weapons or drugs on them. Other ways of detention could be drug-sniffing dogs or metal detectors. Section 9 of the Charter of Rights and Freedoms states that everyone has the right "not to be arbitrarily detained or imprisoned". During detention, you have the complete right to not answer any questions or even be allowed to leave.  Whereas, if police believe that you are posing as a threat, the may take you into custody and arrest you. During an arrest, you are required to state your name and address. In addition, you must be provided with ...
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Canada's Search Laws

What are Canada's Search Laws? While carrying a warrant with your name and address on it, police can demand to search your property at any time. If the information on the warrant is incorrect, you have the right to refuse a search and consult a lawyer immediately. A warrant cannot be overruled or stopped if you demand them to (if the information on it is correct). In order to enter premises, police can lawfully break down any barrier in their way as long as excessive force is not used. If excessive force is used, police will be held liable for their actions. Once inside the property, the police can only search people on-premises if they believe that they are possessing any drugs or weapons. Additionally, if law enforcement is to use electronic surveillance equipment during the search, they are required to acquire a separate warrant from the judge. In order to speed up the process of acquiring a warrant, a telewarrant may be issued.  However, there is an exception to search l...
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The Importance of Remaining Silent

Why You Should Remain Silent "You have the right to remain silent. Anything you say can be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you." is a phrase that you can remember from action movies. However, this right is substantial when it comes to ensuring yourself being found innocent in the court of law. This right can differentiate between time spent in prison to being proven innocent. While being arrested, it is important you don't share any information except for your name and address. Designed to protect you and increase your chances of being proven innocent in the court of law, the right to remain silent must be exercised the minute you have been put under arrest. This is due to you not accidentally hinting at any information to the law enforcement that may be used against you during your trial. Before uttering a single word regarding the case, it is vital that you discuss the...
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Tips!

Here are some tips for when you have been detained by the police: Avoid arguing with law enforcement and always remember that whatever you say or do will be used against you in the court of law. Although you believe that the rest is arbitrary, never resist arrest or attempt to flee law enforcement. Never give consent to a search of your property or yourself. Ask if you are free to leave. If you are, then do so. Additionally, you are not lawfully required to prove any identification. If no, ask as to why you are being detained.  Ask a police officer for a badge number and DO NOT trust everything they say as they are legally allowed to lie to suspects.
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