JUST*1020 Lecture Notes - Lecture 3: Child Custody, Frisking, Fundamental Justice
Document Summary
What law is paramount regarding detention: the charter is paramount when regarding detention. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Everyone has the right to be secure against unreasonable search or seizure: arrest is a seizure of the body. Everyone has the right not to be arbitrarily detained or imprisoned. 24 (2) where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this. Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. Neither term is defined in any canadian federal statute. The terms are defined by case law.
