Legal Rights
The right to avoid answering during police questioning
The point at which police inform the arrested of their right to legal counsel
Immediately upon arrest of detention
Section that guarantees the right to be secure against unreasonable search or seizure
Section 8
The term for financial security or sum of money required by court as a condition for an individual's release before trial
Bail
Legal document outlining the reason for the arrest
Arrest warrant
Section of the Charter providing individuals the right to consult a lawyer without delay
Section 10(b)
Reasonable grounds to search and seizure
Legal test used to determine whether the detention of an individual is justified based on the risk they pose to public or appearing at court
Bail hearing
Case often cited in Canadian law that established the importance of the right to be informed of the reasons for the arrest promptly
R v. Mann
If there is reasonable belief that delaying access to legal counsel is necessary to protect public safety, prevent the destruction of evidence, or ensure safety and security of others
Specifications of a search warrant that must be met before it can be lawfully executed
Search warrant must specify the location to search, items to seize, the grounds for the warrant, the name of the issuing judge, or justice of the peace, and the date of issuance
Maximum period of time an individual can be detained without charge
Typically 24 hours, but can be extended to 48
Habeas Corpus
Definition of the 'implied waiver' of the right to counsel
An individual is considered to have given up their right to a lawyer during police questioning if they don't explicitly ask for one and participate in the questioning without legal representation
Legal protection that prevents evidence obtained through illegal searches or seizures from being admissible in court
Exclusionary rule
Seriousness of the offence, likelihood of the individual appearing for court dates, the potential danger to the public, criminal history, community ties etc.