A Brief Note On The Canadian Charter Of Rights And Freedoms

Facts Mr. Decanter and Ms. Beaujolais were pulled over because Mr. Decanter was driving 172 kilometres per hour in a 120 kilometre per hour speed zone. When Cst. Schrader approached the vehicle, he observed white powder on the dashboard, which Mr. Decanter insisted was powder from a donut. Mr. Decanter was sweating and acting nervous, so Cst. Schrader detained him before searching the vehicle. He located a bag of cocaine under the driver’s seat. Mr. Decanter was charged with speeding under s. 146 of the Motor Vehicle Act and for possessing a controlled substance under s. 4 of the Controlled Drugs and Substances Act. Since the incident, Mr. Decanter paid the traffic fine and has hired our firm to represent him on the possession charge.†¦show more content†¦Decanter’s s. 8 rights were engaged when the search occurred. According to R v Mellenthin, [1992] 3 SCR 615, â€Å"a visual inspection of the interior of the vehicle would not in itself constitute a search.† In other words, the officer was legally allowed to look into the vehicle and notice the powder on the dashboard; Mr. Decanter’s s. 8 rights were only evoked when the officer physically searched the vehicle. The court also needs to decide if Mr. Decanter was detained for a valid purpose. He was first detained when Cst. Schrader performed the traffic stop. Ss. 73(1) and 73(2) of the Motor Vehicle Act give peace officers the power to signal a driver to come to a stop and state their name and address, which means the detention was legitimate. In addition, by paying the fine, Mr. Decanter indicated that he accepted responsibility for speeding, which shows that the initial detainment for the driving infraction was lawful. Mr. Decanter was further detained when he was placed in the back of the police vehicle. R v Mann, 2004 SCC 52 informs us that a person can be further detained for investigative purposes if there are reasonable grounds to suspect they are connected to a particular crime. The white powder on the dash would likely be considered sufficient grounds for further investigation. Mr. Decanter was placed under an investigative detention, but was not placed under arrest. Unlike when aShow MoreRelatedA Brief Note On The Canadian Charter Of Rights And Freedoms1998 Words   |  8 Pagesthese beg the question of whether or not the right to housing or the right to affordable housing is recognized in Canada. The answer to this question is quite complicated as there is no clear right in the Canadian Charter of Rights and Freedoms that recognizes a specific right to housing or shelter, however, under section 7 and section 15 of the charter which state that â€Å"Everyone has the right to life, libert y and security of the person and the right not to be deprived thereof except in accordanceRead MoreCarter Vs. Canada Attorney General1666 Words   |  7 PagesCarter vs Canada Attorney General Case brief: The heated case between, Carter v Canada Attorney General made many headlines across the nation, this case in particular talked about physician-assisted death which was going against the Charter rights and freedom. In other words this act was opposing the guidelines of our Charter. The Carter case began on April of 2011, how it arrived to the supreme court of Canada was a 65 year old woman named Gloria Taylor had ALS. 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Discuss any market trends or developments A Brief Note On The Canadian Charter Of Rights And Freedoms Proper housing is crucial to a human being’s wellbeing, both mentally and physically. It is fundamental in ensuring good mental health, physical health, and it sets the basis for social inclusion in society. Housing is necessary for human beings to be able to survive and be able to protect themselves from the elements. It is recognized as a basic human need alongside food and water; thus, it is surprising that an estimated minimum of 235,000 people in a developed country like Canada remain homeless and an estimated one in five people cannot afford housing (Heffernan, Tracy; Faraday, Fay; and Rosenthal, Peter, 2015). Statistics such as these beg the question of whether or not the right to housing or the right to affordable housing is recognized in Canada. The answer to this question is quite complicated as there is no clear right in the Canadian Charter of Rights and Freedoms that recognizes a specific right to housing or shelter, however, under section 7 and section 15 of the charter which state that â€Å"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice† and â€Å"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability(CanadianShow MoreRelatedA Brief Note On The Canadian Charter Of Rights And Freedoms1754 Words   |  8 Pagesviolate s. 8 of the Canadian Charter of Rights and Freedoms (the Charter)? 2. If the search was unlawful, should the evidence obtained be excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms? Conclusion Mr. Decanter has a strong argument that the search was a violation of s. 8 of the Charter. Warrantless searches are prima facie unreasonable, and there were no exigent circumstances to justify a warrantless search. Evidence obtained as a result of a Charter breach may be excludedRead MoreCarter Vs. Canada Attorney General1666 Words   |  7 PagesCarter vs Canada Attorney General Case brief: The heated case between, Carter v Canada Attorney General made many headlines across the nation, this case in particular talked about physician-assisted death which was going against the Charter rights and freedom. In other words this act was opposing the guidelines of our Charter. The Carter case began on April of 2011, how it arrived to the supreme court of Canada was a 65 year old woman named Gloria Taylor had ALS. 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Each clause was explained in a simplified manner in great detail. The process involved going over each clause from the agreement and simply rewording, explaining and justifying each clause. Notes on the previously identified clauses where legal issues existed were also included. The next phase involved the application of all the legal principles from the course to the term paper. Starting from the first lecture and using the course textbookRead MoreWine Consumption Essay examples6888 Words   |  28 Pagesvision b. Strategic goals of the organisation c. Capabilities of the organisation d. Product/s of the organisation under consideration for entry into an international market 2. Global Business Environment a. A brief overview of the current global business environment. a-1. Figure 12 wine consumption a-2. Top 10 wine consumers a-3. Changing in total wine consumption b. Discuss any market trends or developments