Is the Charter a Break for the Criminal?When the Charter of Rights and Freedoms was written into the Canadian Charter, it became Canada’s supreme law, overriding all other legislature and statutes which went against the individual rights and freedoms within the charter. It is the basis of laws for which Canada stands and The Charter of Rights and Freedoms is a crucial element of Canada’s legal system providing maximum freedom for all people, and is not a break for the criminal.The Charter is divided into many parts, including Fundamental Freedoms, Life Liberty and Security of Person, and many other necessary rights and freedoms. The sections pertaining mainly to criminals would be Arrest or Detention, Proceedings in Criminal and Penal Matters, and Treatment and Punishment. The Charter also contains the “notwithstanding clause”, which allows for Parliament or the provincial legislature to make an act or provision operate notwithstanding the outline of the Charter. Sections 8 and 9 of the Charter outline the “Search or Seizure” and “Detention or Imprisonment” rights. For Section 8 everyone has the right to be secure against unreasonable search or seizure. While a lot of people might think that this right helps criminals out, they take their privacy for granted. Without the Charter of Rights and Freedoms, peace officers would be able to walk into anyone’s house, merely on a hunch of theirs. They would be able to search the residence without a warrant, and arbitrarily detain anyone they wanted. In Canada, the people form a democracy, and the country is governed by the Rule of Law2.forbiding police to unreasonable search or seizure. Section 9 states that everyone has the right not to be arbitrarily detained or imprisoned. This ensures that peace officers have reason when they arrest and imprison an accused criminal. When an accused criminal is arrested by a peace officer, there are many mandatory steps which must take place for the accused to be legally detained. These steps are outlined in section 10 of the Charter. The officer: must identify him or herself, tell the accused that he or she is under arrest, inform the accused of the charges being placed, and touch the accused (signifying that he or she is legally in custody). The officer must also inform the accused of the right to retain counsel. These steps ensure that the accused understands that they are being arrested, and what they are being arrested for. If one of these elements does not exist, then the charges will be dropped. I think that the charges being dropped is a fair result of the peace officer not specifying all of these things. If a peace officer lets one of these elements accidentally slip and the courts decide to let it go, then it will form a precedent for future cases, and the whole process of arrest will crumble. Furthermore it is common sense that a person accused of committing a crime has the right to know that they are being detained by a peace officer, and what they have done wrong. Section 11 of the Charter, Proceedings in Criminal and Penal Matters, lists the rights which any person charged with an offence has. This section contains nine sub-sections containing details to such rights as innocence until proven guilty, bail, and trail by jury. The 12th section of the charter guarantees the right not to be subjected to any cruel and unusual treatment or punishment. The common misconception is that criminals are “bad people” and that they deserve to be put behind bars. What people don’t realize is that they too can just as easily be in the shoes of a suspected criminal. They may be wrongfully accused of a crime or confused, in which case he or she would want to make the fullest use of their rights available under the law. They would appreciate the benefits set out for accused criminals, benefits such as the right of duty counsel1. We forget that criminals are people too, and focus on their punishment. Criminals should be punished, but they also need help. The Charter of Rights and Freedoms
|
Depression
Introduction: For most of the 1930's, the majority of people were unemployed, the stock market crash of 1929 left companies bankrupt, and people were tired of living in a depression. Being an unemployed youth was alot different in the 1920's than it is today. The government back in the 20's did not give relief to single men, since they had to familie's to support. Most young men who were old enough to work, would ride on railray cars, stopping at cities to look for work. These men were being labeled as "bums", "hobos" or "derelicts". Some of these youth men would die traveling this way. Either by smoke inhilations in the tunnels, or by falling off while the train was moving. However, relief camps were beginning to pop up. In 1932, McNaughton's "relief camps" put 2000 men to work for a dollar a day. Later on, in 1935, over 150 000 men worked in over 200 relief projects. In June 1935, there was a protest movement made up of residents of unemployment relief camps in BC. The strikers traveled by truck and train to Vancouver where local government claimed they had no responsibility for the strikers' welfare. When this movement failed, they took the strike to Ottawa. This is known as the "On to Ottawa Trek". The group of strikers made stops in Calgary, Medicine Hat, Swift Current and Moose Jaw. Finaly they arrived in Regina where they were refused train access. On July 1st, while the strikers were beginning to break up, RCMP and Regina Constables moved in to arrest the Trek's Leaders, Triggering the Regina Riot. Trekkers were assualting the police with clubs and rocks until midnight, when the riot stopped. One constable was killed, 130 rioters were arrested, and a few dozen rioters, constables and citizens had been injured
R.B. Bennett's "New Deal Legislation" - On January 2nd 1935, when everyone was against Prime Minister Bennett and his Conservatives, Bennett made a radio series outlining a "New Deal" for Canada, in hopes of getting the people to like him again. The "New Deal" included promises of a more progressive tax system, a maximum work week, a minimum wage, closer regulation of working conditions, unemployment insurance, health and accident insurance, a revised old-age pension and agricultural support programs. Bennett still lost the election in October 1935.
|