Make sure your criminal defence lawyer protects your constitutional rights when you are charged with a criminal offence.
- the right to remain silent.
- the right to a lawyer, including the right to consult that lawyer privately.
- the right to a fair trial.
- the right to a trial without undue delay.
- the right to a trial in English or French.
- the right to know why you have been arrested.
- the right not to testify against yourself.
- the right to an interpreter in court.
- the right to an impartial tribunal.
- the right to reasonable bail.
- the right to be tried by a judge and jury (in most cases).
- the right to be presumbed innocent.
You cannot be:
- detained arbitrarily (except in some limited circumstances).
- detained without being brought before a justice within 24 hours.
- subjected to an unreasonable search of your person, your home or your car.
- charged with an offence on the basis of racial profiling.
- charged tried twice for the same offence.
- be convicted of an offence that is overly broad.
- be convicted of an offence that is sexist, racist or otherwise discriminatory.
What if Your Charter Rights are Violated?
- Evidence obtained by the Crown in a way that violates the Charter may be excluded from use against you at trial.
- If you are charged with an offence that violates the Charter, the offence and the charges with it, may be struck down.
- If your trial was delayed too long the charges against you could be stayed.
- If the violation of your Charter rights brings the administration of justice into disrepute, your charges may be stayed.
Are these Charter remedies automatic?
- No. Charter remedies are usually only granted where the criminal defence lawyer asks for them.
- Your criminal lawyer must carefully review the file for Charter violations.
- Your criminal lawyer must prepare, file and actually argue Charter motions before the trial judge.
- Make sure your criminal defence lawyer knows the Charter and uses it to your full advantage.
- Ask your criminal defence lawyer what motions he or she will bring on your behalf.
- Ask your criminal defence lawyer whether he or she regurlarly bring Charter motions
- Ask your criminal defence lawyer whether he or she regularly wins Charter motions.
If you have been charged with a criminal offence, make sure you have an experienced criminal defence lawyer who knows how to enforce your Charter rights. Contact a criminal lawyer at Auger Hollingsworth by clicking here or by calling 613 233-4529.