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 Freedoms establishes rights for an individual upon arrest/ detention. Constitutional rights that should be kept in mind during an arrest or detention are:

1. The right to speak with a lawyer privately as soon as possible.
2. The right to be told the reason for arrest/ detention.
3. The right to be notified about legal aid.
4. The right to remain silent when under question by the police.
5. The right to be notified to hire a lawyer

The reason one would prefer to stay silent is to not provide law enforcement with any information that may be used against you in the court of law, although, basic information necessary to complete the charge must be stated.

In addition, when notified about the right to hire a lawyer, you must be provided with a phonebook with local lawyers and their phone numbers listed, along with a phone. If you are not able to afford a lawyer, one may be provided by the government paid for by taxpayer dollars. Individuals receiving legal aid have the ability to chose and instruct their own lawyer.

However, one of the most substantial rights in Canada is the right to privacy and the right to deny or question a random search or seizure. This right ensures that law enforcement doesn't have the right to search you or your property arbitrarily (without reasonable or probable grounds). Although, the only exception to this case is when one is driving a car and is required to show evidence of ownership, their license and insurance papers. 

A search on an individual may be carried out if the police are under suspicion that they are carrying a gun. Depending on the circumstances of the situation, the police have three of the following options to lead to one's appearance in court:

1. Issue and appearance notice if they believe that the suspect isn't posing as a threat to society and will appear at the court hearing. Often used for misdemeanours.
2. Acquire an arrest warrant if they are having difficulty locating the suspect by going before a justice of peace/ judge and receive a summons, also commonly known as an arrest warrant.
3. Arrest the suspect if the suspected for a serious indictable offence and take them into custody. An arrest is made in an attempt to preserve evidence and protecting others by preventing the suspect from committing more offences.