The Canadian Charter of Rights and Freedoms came into force under the Constitution Act of 1982 in 1982. In the years since its inception, the Charter has had a profound impact on criminal proceedings within Canada. The Charter safeguards those basic rights and freedoms of citizens so quintessential to the proper functioning of the criminal justice system at the core of Canadian law. Of these, the basic provisions that relate to criminal law are the protection against illegal search and seizure and the right to a fair trial. This article considers the above-mentioned features and their implications in the criminal law proceedings in Canada.
Illegal Searches or Seizures
One of the more valuable Charter protections enacted is through s 8 protecting individuals against unreasonable searches and seizures. What this section does is provide an individual a reasonable expectation of privacy from state-driven arbitrary intrusion.
This has been interpreted in practice to mean that police should be in a position to show reasonable cause to believe that such a search will yield evidence of the commission of crime.
In this protection from unreasonable searches and seizures being absolute, in nearly all cases, based on constitutional demand, a warrant is required, without needing exceptions for exigent circumstances where action must be immediate lest an opportunity to destroy evidence and protect public safety would be afforded.
Section 8 has had considerable impact on criminal proceedings-most notably the exclusionary rule: when evidence is obtained through illegal search or seizure, that evidence may be inadmissible before the courts. In effect, this can sometimes mean serious consequences to the prosecution of a crime when that evidence cannot be allowed into the case.
The Right to a Fair Trial
S. 11(d) of the Charter guarantees that a person charged with an offense is to have the right to a fair trial. S. 11(d) encompasses many of the essential elements of due process including: the right to be presumed innocent until proven guilty, right to a public trial, and the right to a fair tribunal.
The presumption of innocence has variously been described as the linchpin of Canadian criminal justice upon which, generation after generation, the system has been built. It imposes on the prosecutor the burden of proving the accused’s guilt beyond a reasonable doubt. A lofty standard of proof that, to this day, prevents the wrongful conviction of innocent persons and enshrines the imperative that it is preferable for ten guilty persons to go free than for one innocent person to be wrongly punished.
Right to Counsel
The Charter also guarantees one’s right to counsel in Section 10(b), where it is stated that anyone who has been detained or arrested has the right to consult a lawyer. This right is important because it helps in advising individuals about their legal rights and represents them accordingly through the process of the crime.
Moreover, institutions such as criminal lawyer Brampton help raise issues related to constitutional validity in courts for modifications of laws or practices that violate Charter protection. Their contribution is very important in the development of legal precedents and in ensuring justice services according to the standards stipulated in the constitution.
The Right to Remain Silent
Section 7 of the Charter then provides the right of silence and not being compelled to be self-incriminating, a concept not too unlike the protection against self-incrimination which does not allow forcing persons to testify against themselves in court.
Protection of silence perhaps constitutes one of the most fundamental rights enshrining an important principle of protection against self-incrimination. It is protection against abusive interrogation techniques, and it ensures evidence resulting from the statements of an individual provided by those individuals in a voluntary and knowing manner and with awareness of its possible implication.
Legal Procedures and Remedies
Individual Charter rights have their impact on criminal procedure and consequences in procedures and remedies. The court is supposed to consider whether a violation has occurred under the Charter while reviewing the application and may make an order excluding evidence, staying the proceedings or declaring constitutional invalidity.
For instance, the court can exclude evidence since the Charter violation has been used to acquire it, or the court can stay the proceeding since the violation has compromised the fairness of the trial. In some instances, courts give a declaration that the application of some laws or practice violates the Constitution and needs legislative change or reform.
Balancing Rights and Public Safety
Although the Charter has indeed granted vibrant protection to individual rights, there is a heightened requirement today to balance such rights against interests in public safety and the effective administration of justice. In fact, courts routinely engage in a balancing test in order to determine whether a violation of the Charter is justified to protect public safety or another legitimate objective.
For instance, under conditions that involve national security or serious risk to public safety, it limits some Charter rights if the circumstances call for such a limitation. Nonetheless, such limitation has to be reasonable, justified and proportional to the purpose that it intends to serve.
Conclusion
The Canadian Charter of Rights and Freedom plays a significant role in shaping criminal proceedings through individual protection of the right to a just criminal process and equality in the eyes of the law. These include illegal search and seizure protections, rights to fair trial, access to counsel, and right to silence. Not only the integrity of the justice system but these Charter rights protect the principles of justice and fairness essential to continue public confidence in the legal system against abuses of power. As Canadian criminal law continues to evolve, so too does the role of the Charter as part of the cornerstone in the legal framework that guides the protection of rights and the administering of justice in the country.