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Charter rights in Canada are embedded in the Canadian Charter of Rights and Freedoms. These rights serve as fundamental principles of justice in Canada’s legal framework. In their jurisprudential sense, these rights are termed as foundational pillars of the Canadian legal system. These rights not only grant individuals protection against potential abuses of power but also establish a framework that ensures the balance between individual rights and societal responsibilities.  Why does the Charter rights matter in criminal proceedings in Canada?
In the context of criminal matters, these rights serve as tangible assurances that provide a shield against potential abuses of power by the state authorities. Charter rights hold immense importance because they ensure that individuals facing criminal allegations receive protection, fairness, and justice throughout the legal process. These rights are a concrete expression of Canada’s commitment to preserving human dignity and individual liberties. How does the Charter protect the right to life, liberty and security of a person? Section 7 of the Canadian Charter of Rights and Freedoms provides protection against state actions that infringe upon the fundamental rights of life, liberty, and security of the person. It mandates that any laws or actions encroaching on these rights must adhere to the principles of fundamental justice, which are the foundational principles underlying the notions of fairness and due process. This was highlighted in the case of Charkaoui v. Canada (Citizenship and Immigration) wherein it was underscored that these principles ensure justice and fair proceedings. This section further provides for a two step analytical process to determine its applicability which are mentioned below:
What is the link between deprivation and violation under section 7 of the Charter? It is important to clarify that Section 7 does not establish an autonomous or standalone right to fundamental justice. Instead, its focus lies on the potential deprivation of life, liberty, or security of the person. Section 7 is triggered when these fundamental interests are under threat. Therefore, a violation of Section 7 occurs only when there is a tangible infringement on these interests. The Supreme Court of Canada in R v Pontes held that there can be no violation of Section 7 of the Charter in cases where no deprivation of these core interests is established.
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Is possession of drugs a crime in Canada? Possession of drugs is a serious offence in Canada and encompasses a range of criminal activities related to controlled substances. In Canada, drug offences are governed by the Controlled Drugs and Substances Act (CDSA). This comprehensive legislation regulates the possession, trafficking, production, and distribution of controlled substances. The CDSA classifies drugs into different schedules, based on their potential for abuse and medical use, and outlines the penalties for offences related to each schedule. The country’s laws aim to regulate, control, and deter the possession, trafficking, production, and distribution of illegal drugs. Understanding drug offences is crucial as they carry significant legal consequences that can impact one's life, career, and future opportunities.  What must the prosecutor prove in a drug case?
In a drug-related prosecution, the burden of proof lies on the prosecutor to establish two critical elements, “knowledge and control.” This means they must demonstrate that you were aware of the presence of illegal drugs and that the drugs were either in your immediate possession or located in a place you had authority over, such as your personal vehicle or residence. To prove “knowledge,” the prosecutor must show that you were aware of the illicit substance's existence. This can be inferred through direct evidence, such as admissions made by you or witnesses who saw you interacting with the drugs. Regarding “control,” the prosecutor must demonstrate that you had the authority to access or influence the area where the drugs were found. For instance, if the drugs were discovered in your car, the prosecution must show that you had the ability to drive and control the vehicle, thus having dominion over its contents. What is the penalty for possession of drugs in Canada? Each type of drug falls under a certain category known as Schedules in the Controlled Drugs and Substances Act (CDSA), which helps determine the range of sentencing. There are nine schedules in total. The severity of the sentence for drug possession varies depending on the type of drug and the quantity involved and is mentioned as follows as provided under section 4, sub-section (2), (3) and (6) of the Controlled Drugs and Substances Act (CDSA):
Prime Minister Trudeau’s separation announcement: What does it mean to be separated in Canada?8/3/2023  PHOTO: JEFF J MITCHELL/GETTY The news of Prime Minister Justin Trudeau and his wife, Sophie Grégoire Trudeau, announcing their separation has reverberated across the nation. As public figures, their personal lives often intertwine with the political landscape, evoking a mix of curiosity, sympathy, and speculation from the Canadian public. While their journey unfolds in the public eye, it serves as a poignant reminder that separation is a deeply human experience that many individuals encounter in their lives, irrespective of their social status.
As we observe the complexities of their situation, we are also reminded of the significance of understanding the legal intricacies of separation and divorce for every couple in Canada. As family lawyers, our aim is to offer information that can help individuals and couples facing similar circumstances to navigate this uncertain terrain with clarity and knowledge. What is meant by separation in Canada? Separation in Canada refers to the decision of a married couple to live apart while still legally married. This period of living apart is often seen as a time of reflection and can be an intermediate step before considering divorce. It is essential to understand that separation does not legally end the marriage. The couple remains married until they decide to pursue a divorce or obtain a legal annulment. How is separation different from divorce in Canada? While both separation and divorce involve living apart, they have distinct legal implications in Canada. Separation merely signifies that a couple is no longer living together, but they remain married. On the other hand, divorce is the legal termination of a marriage, making the individuals single and eligible to remarry. During separation, the couple may still have certain obligations towards each other, such as spousal support, but these can be more formally defined during divorce proceedings. |
AuthorSalloum & Company Archives
July 2025
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