Everyone in Canada is protected by the Charter of Rights, which is a part of the Constitution of Canada.
This means that no one in the government or any police agency can violate your rights without a legal basis.
Everyone has the right:
- To think and believe whatever they choose;
- To practice or not practice any religion, as they choose;
- To meet and associate with whomever they choose;
- To retain their life and liberty;
- To remain silent when questioned by police;
- To live in their home in privacy without having police or government agents enter their homes uninvited, or to take their lawfully-owned property;
- To drive on the public roadways without worrying about police stopping and searching their cars;
- Not to be detained by the police without sufficient basis;
- To speak to a lawyer of their choice if they are detained or arrested, and to be given an opportunity to speak to that lawyer in private before the police try to question them;
- If charged with an offence, the right to be told exactly what the offence is, and to be presumed innocent unless the prosecution has been able to prove that they are guilty of the offence with which they have been charged;
- To have the charge brought to court and tried in a reasonable period of time;
- To remain silent if they so choose, and not be forced to testify about any charges that they face;
- To have a trial assisted by a translator if they will understand the court process better in a language other than English.
Often when someone is arrested and charged with an offence, they feel that they have been arrested without any proper grounds, or treated unfairly during or after their arrest.
Our experienced criminal defence lawyers can assist in ensuring that the court be made aware of any violations of your rights and ask the court to correct any injustice.