Category: charter rights

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Category: charter rights

Impaired driving case in Halton thrown out because of unreasonable delay

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday March 24, 2015.

Under the Canadian Charter of Rights and Freedoms, a person charged with a criminal offence has the right "to be informed without reasonable delay of the specific offence" and the right "to be tried within a reasonable time." If unreasonable delay in either of these capacities occurs, then it may be possible to have the case dismissed. That was the outcome after more than 11 months of delay in an...
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Study shows how easily interrogation tactics elicit false confessions

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 04, 2015.

Police in Canada are currently allowed to use deceptive tactics to a certain extent when interviewing a person suspected of a crime. In reality, misleading suspects in an effort to get them to confess is a common practice in police interviews. For example, the Reid technique is a complex form of manipulation used by police, and the technique has been shown many times to have elicited false confessions. A study recently published...
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What rights do I have before, during and after an arrest?

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Monday January 26, 2015.

The Canadian Charter of Rights and Freedoms specifically addresses the rights of individuals who have been detained by police or charged with a crime. If the police detain or arrest you, then you have a right to be told the reason why. The charter also states that everyone "has a right to be secure against unreasonable search or seizure." If at any point before, during or after an arrest your...
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