The Canadian Charter of Rights and Freedoms, Human Rights, and Criminal Law - Mohammad Mahfooz
1. Ontario Humans Rights Complaint Process
1.1. File Claim
1.1.1. Directly to Tribunal Hearing
1.1.2. Mediation
1.1.2.1. Settlement
1.1.2.1.1. If not settled, Tribunal Hearing
2. The Universal Declaration of Human Rights
2.1. All humans are born free and equal in dignity and rights.
2.2. Everyone is entitled to all the rights set forth in this declaration.
2.3. Everyone has the right to life, liberty, and security of person.
2.4. Everyone has the right to freedom of movement.
2.5. Everyone has the right to freedom of thought, conscience, and religion.
2.6. Everyone has the right to freedom of opinion and expression.
2.7. Everyone has the right to freedom of peaceful assembly and association.
2.8. Everyone, without any discrimination, has the right to equal pay for equal work.
2.9. No one shall be held in slavery or servitude.
2.10. No one should be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
2.11. All are equal before the law and entitled without any discrimination to equal protection of the law.
2.12. No one shall be subjected to arbitrary arrest, detention, or exile.
2.13. Everyone charged with a penal offence has the right to be assumed innocent until proven guilty.
3. Canadian Bill of Rights
3.1. The right to life, liberty, and security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law.
3.2. The right to equality before the law and its protection.
3.3. Freedom of religion, speech, assembly and association, and the press
3.4. The right not to be arbitrarily detained, imprisoned, or exiled.
3.5. The right not to receive cruel and unusual treatment or punishment.
3.6. The right to be informed promptly of the reason for arrest.
3.7. The right to retain and instruct counsel without delay.
3.8. The right to obtain a writ of habeas corpus to determine the validity of detention.
3.9. The right not to give evidence if denied counsel, and protection against self-incrimination.
3.10. The right to a fair hearing.
3.11. The right to reasonable bail.
3.12. The right to an interpreter in any legal proceedings.
4. Structure of the Criminal Court System in Canada (Left to Right)
4.1. Supreme Court of Canada
4.1.1. Provincial Courts
4.1.1.1. Provincial Court of Appeal
4.1.1.1.1. Provincial Superior Court - Appeals and Trials
4.1.2. Federal Courts
4.1.2.1. Federal Court of Appeal
4.1.2.1.1. Federal Court
5. Oakes Test
5.1. There must be a pressing and substantial objective.
5.1.1. The means must be proportional.
5.1.1.1. The means must be rationally connected to the objective.
5.1.1.2. There must be minimal impairment of rights.
5.1.1.3. There must be proportionality between the infringement and objective.
6. Canadian Charter of Rights and Freedoms
6.1. Guarantee of Rights and Freedoms
6.1.1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
6.2. Fundamental Freedoms
6.2.1. freedom of conscience and religion
6.2.2. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
6.2.3. freedom of peaceful assembly
6.2.4. freedom of association.
6.3. Democratic Rights
6.3.1. Every citizen of Canada has the right to vote in an election.
6.3.2. No House of Commons and no legislative assembly shall continue for longer than five years .
6.3.3. There shall be a sitting of Parliament and of each legislature at least once every twelve months.
6.4. Mobility Rights
6.4.1. Every citizen of Canada has the right to enter, remain in and leave Canada.
6.5. Legal Rights
6.5.1. 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.
6.5.2. Everyone has the right to be secure against unreasonable search or seizure.
6.5.3. Everyone has the right not to be arbitrarily detained or imprisoned.
6.5.4. Everyone has the right during arrest or detention:
6.5.4.1. to be informed promptly of the reasons therefore;
6.5.4.2. to retain and instruct counsel without delay and to be informed of that right; and
6.5.4.3. to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
6.5.5. Any person charged with an offence has the right to:
6.5.5.1. to be informed without unreasonable delay of the specific offence
6.5.5.2. to be tried within a reasonable time
6.5.5.3. to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;.
6.5.6. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
6.6. Equality Rights
6.6.1. 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.
6.7. Official Languages of Canada
6.7.1. English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
6.7.2. Everyone has the right to use English or French in any debates and other proceedings of Parliament.
6.7.3. The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.
6.7.4. Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French.
6.8. Minority Language Educational Rights
6.8.1. Citizens of Canada:
6.8.1.1. whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside
6.8.1.1.1. have the right to have their children receive primary and secondary school instruction in that language in that province.
6.8.1.2. who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province
6.8.1.2.1. have the right to have their children receive primary and secondary school instruction in that language in that province.
6.8.1.3. Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
7. Immigration Act
7.1. Set out people who may not enter Canada
7.1.1. immigrant applicants who are suffering from illnesses that pose a public danger or may place an undue fi nancial burden on health services
7.1.2. persons who lack the funds to support themselves
7.1.3. convicted criminals or those who pose a risk of committing serious crimes
7.1.4. potential or known terrorists
7.1.5. persons who have been convicted of war crime
8. Types of Offences
8.1. Summary Conviction Offence
8.1.1. A less serious offence (e.g, public nudity)
8.2. Indictable Offence
8.2.1. A more serious offence (e.g, murder)
8.3. Hybrid Offence
8.3.1. Seriousness varies according to the circumstances of the offence (e.g, theft under $5000)
9. Elements of a Criminal Offence
9.1. Actus Reus
9.1.1. a Latin phrase meaning “a wrongful deed”; the physical or guilty act, omission, or state of being that constitutes a crime.
9.1.1.1. Actions or omission or state of being
9.1.1.2. Circumstance
9.1.1.3. Wrongful deed
9.2. Mens Rea
9.2.1. a Latin phrase meaning “a guilty mind”; the mental element of one’s criminal actions
9.2.1.1. Intent
9.2.1.2. Recklessness
9.2.1.3. Knowledge
9.2.1.4. Reasoning of Mind
10. Parties of an Offence
10.1. Perpetrator
10.1.1. Commits the crime directly
10.2. Aider
10.2.1. Assisting the perpetrator with the criminal offence
10.3. Abettor
10.3.1. Encouraging the perpetrator to commit the criminal offence
10.4. Councelor
10.4.1. Giving the perpetrator instructions on how to commit the criminal offence
10.5. Parties to a Common Intention
10.5.1. A party with the same goal in mind, committing a criminal offence together
10.6. Accessory after the fact
10.6.1. Someone who helps a criminal after he commits a crime (e.g, harboring criminals)