Rather it is the duty of the courts to ensure that the Charter of Rights and Freedoms are upheld and that there are no breaches to a person’s rights. Goff (2016) summarizes that with the introduction of the Charter of Rights and Freedoms the Supreme Court of Canada has imposed many new limits on police power; furthermore, the Canadian Superior Court Judges Association defines one of the main roles that the courts have. This role is that the courts have an integral position in upholding Charter rights (Canadian Superior Court Judges Association, 2017). The police are not the ones who must uphold the CORF rather they are guided by the rules set forth within the charter, and they are also guided by the precedents that previous courts have made in regarding to the charter. Essentially the charter acts as a guideline for what the police can and can not do. Case law that comes out of the charter decisions also give the police some of their power. These guidelines that are within the charter must be followed by the police to ensure a lawful arrest, court proceeding, and possible conviction. It is therefore up to the court to uphold the CORF, and ensure that nobody’s rights have been violated. The courts are also given the power to discard any evidence or even convictions if the accused persons rights were violated by the police (Canadian
Rather it is the duty of the courts to ensure that the Charter of Rights and Freedoms are upheld and that there are no breaches to a person’s rights. Goff (2016) summarizes that with the introduction of the Charter of Rights and Freedoms the Supreme Court of Canada has imposed many new limits on police power; furthermore, the Canadian Superior Court Judges Association defines one of the main roles that the courts have. This role is that the courts have an integral position in upholding Charter rights (Canadian Superior Court Judges Association, 2017). The police are not the ones who must uphold the CORF rather they are guided by the rules set forth within the charter, and they are also guided by the precedents that previous courts have made in regarding to the charter. Essentially the charter acts as a guideline for what the police can and can not do. Case law that comes out of the charter decisions also give the police some of their power. These guidelines that are within the charter must be followed by the police to ensure a lawful arrest, court proceeding, and possible conviction. It is therefore up to the court to uphold the CORF, and ensure that nobody’s rights have been violated. The courts are also given the power to discard any evidence or even convictions if the accused persons rights were violated by the police (Canadian