The Canadian Charter of Rights and Freedoms (Charter) protects a number of rights when a person is accused of having committed a crime, including harassment. Enshrined in the Constitution Act in 182, the Charter is a cornerstone of Canadian law, guaranteeing fundamental rights and freedoms to all individuals in Canada and ensuring that these laws cannot be overridden by ordinary laws. While all Canadian laws must align with the provisions in the Charter, Section 1 allows for reasonable limits on these rights and freedoms, provided that they can be justified in a free and democratic society. Additionally, Section 33, known as the “notwithstanding clause”, can be invoked to allow governments to pass laws that may contravene Charter rights; however, these laws must be explicitly stated and are subject to renewal every five years.
Rights of an Accused Person Under the Charter
1. Section 11(a): Right to be Informed of the Offence
You have the right to informed promptly of the specific offence you are charged with. This ensures you can prepare an adequate defence.
2. Section 11(b): Right to be Tried Within a Reasonable Time
You are entitled to a trial within a reasonable time. Unnecessary delays can result in the charges being stayed.
3. Section 11(c): Right Not to be Compelled to be a Witness
You cannot be forced to testify against yourself. This protects you from self-incrimination. Protecting individuals from being compelled to be witnesses against themselves reinforces the adversarial nature of the legal process where both parties present and challenge evidence.
4. Section 11(d): Presumption of Innocence
You are presumed innocent until proven guilty beyond a reasonable doubt in a fair and public hearing by an independent and impartial tribunal and the burden is on the Crown (i.e. the state) to demonstrate that the accused person’s guilt.
5. Section 11(e): Right Not to Be Denied Reasonable Bail Without Just Cause
You have the right to reasonable bail unless there is just cause to deny it. The presumption is that you should be released pending trial.
6. Section 11(f): Right to Trial by Jury
If the maximum punishment for the offence is five years or more, you have the right to a trial by jury. This right can be waived, but the waiver must be clear and unequivocal.
Right to Face One’s Accuser
In Canada, the right to face the complainant in court is often referred to as the right to confront one’s accuser. This right is integral to ensuring a fair trial, allowing the accused to challenge the evidence and credibility of witnesses testifying against them. While this right is fundamental, it is not absolute. Canadian courts have recognized situations where this right may be limited to protect the integrity of the judicial process or the well-being of witnesses:
· Section 486(2.1) of the Criminal Code: Allows courts to order that a witness not be in the physical presence of the accused during testimony if it is in the best interests of the proper administration of justice. This provision is often used in cases involving vulnerable witnesses, such as children or victims of sexual assault.
· Case Law: In R. v. Levogiannis, the Ontario Court of Appeal acknowledged that while the accused has the right to be in the sight of witnesses, this right is subject to qualification in the interests of justice. The court emphasized that the presence of the accused should not intimidate the witness or impede the truth-seeking process.
If you need a criminal lawyer to fight harassment charges contact our team today. Give us a call at (905) 541-2228 or fill out an intake form.
