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The Charter, Section 9: Detention or Imprisonment
Question: Could a breach of the right to not be unlawfully detained lead to a dismissal of charges?
Answer: Yes, if the right to freedom from unlawful detention is violated, evidence obtained may be excluded and charges dismissed. This protection is rooted in section 9 of the Canadian Charter of Rights and Freedoms, ensuring that all individuals are safeguarded against arbitrary detention. Knowing your rights is vital; consult for legal guidance to protect your freedom effectively.
Could a breach of an individual's right to not be unlawfully detained or imprisoned lead to a dismissal of charges or exclusion of evidence in a trial?
A criminal charge or evidence can be stayed or excluded from a trial if the accused's right to not be arbitrarily detained or imprisoned has been breached.
The Canadian Charter of Rights and Freedoms guarantees the right of all persons not to be arbitrarily detained or imprisoned. This right is enshrined in section 9 of the Charter, which states that “everyone has the right not to be arbitrarily detained or imprisoned.” This right is fundamental to the protection of individual liberty and security of the person in Canada. The right not to be arbitrarily detained or imprisoned is a fundamental freedom that protects individuals from being held in custody without being charged with an offence or without being given a fair trial. This right applies to all persons, regardless of their citizenship or immigration status. It applies to both adults and children, and to all forms of detention, including police custody, pre-trial detention, and detention in a correctional facility.
Right Subject Reasonable Limits
The right not to be arbitrarily detained or imprisoned is a qualified right, meaning that it is subject to reasonable limits. These limits are set out in section 1 of the Charter, which states that the right “may be subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This means that the government may impose reasonable limits on the right not to be arbitrarily detained or imprisoned, as long as these limits are justified in a free and democratic society. The right not to be arbitrarily detained or imprisoned is an important protection for accused persons. It ensures that accused persons are not held in custody without being charged with an offence or without being given a fair trial. It also ensures that accused persons are not subjected to arbitrary detention or imprisonment, which can have serious and long-lasting consequences.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the constitutional right not to be arbitrarily detained or imprisoned is mandated within section 9 of the Charter of Rights and Freedoms which reads: