About Section Eleven of the Canadian Charter of Rights and Freedoms Interest Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a persons legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by the state for public offences. There are nine enumerated rights protected in section 11. Right to be informed of the offence[edit] Section 11(a) provides that “ 11. Any person charged with an offence has the right (a) to be informed without unreasonable delay of the specific offence; ” The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code of Canada as well as legal tradition. Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be reasonable informed of the charge; thus it does not matter if a summons simply summarizes a charge. In R. v. Nova Scotia Pharmaceutical Society the Supreme Court of Canada found that an open-ended statute (prohibiting companies from unduly lessening competition) was not a breach of Section 11(a). In R. v. Delaronde (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair trial but also to serve as an economic right. A person must be informed of charges quickly because they will then have to deal with their career and family life in light of the charges. Thus, those who suffer economically because of delayed information of charges have had their rights under section 11(a) infringed, and they may receive a remedy under section 24 of the Charter. https://facebook/pages/Section-Eleven-of-the-Canadian-Charter-of-Rights-and-Freedoms/113348775380709?rf=111161382268307#
Posted on: Wed, 09 Jul 2014 14:40:06 +0000
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