Legal matters are complex, and navigating them can get exhausting. The main problem occurs when you see yourself facing criminal charges. Whether you are guilty or not is for the judge to decide. You must keep in mind that every individual is innocent until proven guilty. Understanding the Canadian criminal justice system is not everyone’s cup of tea. However, there are certain things you should be aware of, the most important one being your rights. This is necessary to get a fair trial and avoid legal pitfalls.
Just like a lawyer, this blog is here to help. We will help you understand the key rights the criminal justice system offers. This would help you make informed decisions and avoid getting stuck in the system. Without wasting time let’s look at the fundamental rights the criminal justice system offers.
The Right to Be Informed of the Reason for Your Arrest
One of the most fundamental rights under Canadian law is the right to be informed of the reason for your arrest. Imagine being detained or arrested without a clear reason. Section 10(a) of the Canadian Charter of Rights and Freedoms clearly states that the law enforcement official must clearly state the reason for the arrest. This is done so you can make informed decisions on how to act. At times your rights are not informed to you. You can challenge the system for this neglect. Make sure to have the best criminal defense lawyer in Edmonton on board. They will help you out of the situation before things get messed up.
The Right to Remain Silent
Just like every other country Canada also offers every detainee the right to remain silent. Section 7 of the charter ensures that you have the right to stay quiet, you are not bound to answer any questions. Besides your name, address, and date of birth, none of the other questions require an answer. The best practice is to exercise this right until your lawyer shows up. They know best on how to deal with the officials and what words you should utter. This is a tight situation because anything you say could be used against you in court. So before you decide to speak, think about your right and preferably remain silent.
The Right to Legal Representation
A right everyone should be aware of is the right to a lawyer. Under Section 10(b) of the Charter, you have the right to consult a lawyer without any delays. If you want to walk out as an innocent person your defense game needs to be strong. With the aid of legal advice, you can navigate better through the situation. Legal representation can save your life massively. It can help reduce your sentence or even get you out free if you are not guilty. Legal aid is also available for those who can not afford a lawyer. You have to meet certain criteria to get legal aid. Our advice is to always have criminal defense lawyers on deck. You never know when you might get arrested so having assistance on board is beneficial.
The Right to a Fair Trial
This fundamental right is the backbone of the Canadian criminal defense system. As mentioned in Section 11(d) of the Charter this right states that everyone is innocent until proven guilty. It calls for a fair public hearing under an impartial tribunal. This gives a decent chance to the defendant to bring forward their case. Moreover, this right includes the right to be charged fairly, the right to be informed of the offense, and the right to cross-examine witnesses. A fair trial is necessary for the system to stay reputable and respected.
The Right Against Unreasonable Search
These rights mainly focus on protecting you from injustice. On that note, Section 8 of the Charter protects you against unreasonable search from law enforcement. Only if they have a warrant or reasonable grounds is when they can search you or your property. If a search is conducted without warrants or reasonable grounds any evidence collected is of no use. Section 24(2) of the Charter exempts any evidence collected unreasonably from court. This is again done to protect the sanctity of the court and law.
The Right to Be Free from Detention and Imprisonment
Section 9 of the Charter was initiated to give you the right to be free from arbitrary detention and imprisonment. This means that without lawful authority you can not be detained or arrested. If you or your legal advisor feel that you were unreasonably detained or arrested you can challenge the decision. Best case scenario all your charges could be dismissed because of this mistake. But keep in mind the arrest or detention should not be reasonable otherwise they have the right to lock you up.
What Else?
There are plenty of other rights given to you by the criminal justice system. All of them allow you to represent yourself to the best of your ability and plead your case. The right to be tried within a reasonable time, the right to be protected from unusual punishments, and the right to transparency with evidence are just a few of them. There are many more that you might not be aware of but a lawyer would. So it is always better to have a criminal defense lawyer under your shadow who fights your case for you.
Conclusion
The Canadian justice system has provided enough support to both parties which results in a fair trial. However, if you are not aware of your rights you might screw things up for yourself. The best practice is to hire a criminal defense lawyer as soon as possible. They bring turns in the case making your defense stronger. Keep in mind that your strongest power is your rights. If you exercise them in the right way your chances of getting heard in court and possibly releasing without a charge are on the higher side.
