Canadian Charter Of Rights And Freedoms (CORF)
Introduction All Canadian citizens have their rights protected under the Canadian Charter of Rights and Freedoms (CORF). This document of law protects all Canadians from multiple things. From not being arbitrarily detained to even protection from un lawful search and seizure. The Charter of rights in Canada is always being improved through case law decisions that add more detail to what exactly that charter protects, and does not protect. Many people in Canadian society might have different view on whom they believe is responsible for upholding the Charter of Rights and Freedoms within Canada. With some believing it is the courts job, and some people believing it is the job of the police. This paper will examine in detail whom the primary
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responsibility lies with in regards to upholding the Charter of Rights and Freedoms.
Analysis Although the police must abide by the Charter of Rights and freedoms it is not the police who are responsible for upholding the Charter Rights.
Rather it is the duty of the courts to ensure that the Charter of Rights and Freedoms are upheld and that there are no breaches to a person’s rights. Goff (2016) summarizes that with the introduction of the Charter of Rights and Freedoms the Supreme Court of Canada has imposed many new limits on police power; furthermore, the Canadian Superior Court Judges Association defines one of the main roles that the courts have. This role is that the courts have an integral position in upholding Charter rights (Canadian Superior Court Judges Association, 2017). The police are not the ones who must uphold the CORF rather they are guided by the rules set forth within the charter, and they are also guided by the precedents that previous courts have made in regarding to the charter. Essentially the charter acts as a guideline for what the police can and can not do. Case law that comes out of the charter decisions also give the police some of their power. These guidelines that are within the charter must be followed by the police to ensure a lawful arrest, court proceeding, and possible conviction. It is therefore up to the court to uphold the CORF, and ensure that nobody’s rights have been violated. The courts are also given the power to discard any evidence or even convictions if the accused persons rights were violated by the police (Canadian
Superior Court Judges Association, 2017). This before mention power for the court is directly written within S.24 CORF (Martins, 2017).
Conclusion In conclusion the primary role in upholding the CORF belongs to the courts and not the police. The courts ensure that the police follow the guidelines in the charter and they are responsible for resolving any conflict that may arise from a charter violation. The police are responsible for following the rules set forth in the CORF and all case law decisions previous courts have made. The CORF acts as the guidelines for how police need to handle investigations, detentions, arrests, and searches. The CORF may be viewed by some officer as holding them back from being able to do their job; however, the CORF protects the police by telling them exactly what they can and can not do to avoid any criticism or civil liability.
responsibility lies with in regards to upholding the Charter of Rights and Freedoms.
Analysis Although the police must abide by the Charter of Rights and freedoms it is not the police who are responsible for upholding the Charter Rights.
Rather it is the duty of the courts to ensure that the Charter of Rights and Freedoms are upheld and that there are no breaches to a person’s rights. Goff (2016) summarizes that with the introduction of the Charter of Rights and Freedoms the Supreme Court of Canada has imposed many new limits on police power; furthermore, the Canadian Superior Court Judges Association defines one of the main roles that the courts have. This role is that the courts have an integral position in upholding Charter rights (Canadian Superior Court Judges Association, 2017). The police are not the ones who must uphold the CORF rather they are guided by the rules set forth within the charter, and they are also guided by the precedents that previous courts have made in regarding to the charter. Essentially the charter acts as a guideline for what the police can and can not do. Case law that comes out of the charter decisions also give the police some of their power. These guidelines that are within the charter must be followed by the police to ensure a lawful arrest, court proceeding, and possible conviction. It is therefore up to the court to uphold the CORF, and ensure that nobody’s rights have been violated. The courts are also given the power to discard any evidence or even convictions if the accused persons rights were violated by the police (Canadian
Superior Court Judges Association, 2017). This before mention power for the court is directly written within S.24 CORF (Martins, 2017).
Conclusion In conclusion the primary role in upholding the CORF belongs to the courts and not the police. The courts ensure that the police follow the guidelines in the charter and they are responsible for resolving any conflict that may arise from a charter violation. The police are responsible for following the rules set forth in the CORF and all case law decisions previous courts have made. The CORF acts as the guidelines for how police need to handle investigations, detentions, arrests, and searches. The CORF may be viewed by some officer as holding them back from being able to do their job; however, the CORF protects the police by telling them exactly what they can and can not do to avoid any criticism or civil liability.