Canadian Charter Of Rights And Freedoms (CORF)
Introduction All Canadian citizens have their rights protected under the Canadian Charter of Rights and Freedoms (CORF). This document of law protects all Canadians from multiple things. From not being arbitrarily detained to even protection from un lawful search and seizure. The Charter of rights in Canada is always being improved through case law decisions that add more detail to what exactly that charter protects, and does not protect. Many people in Canadian society might have different view on whom they believe is responsible for upholding the Charter of Rights and Freedoms within Canada. With some believing it is the courts job, and some people believing it is the job of the police. This paper will examine in detail whom the primary
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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