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Sections 8 - 12

Sections 8 - 12. Section 8 – Search or Seizure. Guarantees Canadians cannot be subject to unreasonable search and/or seizure Goes beyond suspicion: must have REASONABLE AND PROBABLE GROUNDS Example : Grade 9 strip search. Section 9 – Detention or Imprisonment.

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Sections 8 - 12

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  1. Sections 8 - 12

  2. Section 8 – Search or Seizure • Guarantees Canadians cannot be subject to unreasonable search and/or seizure • Goes beyond suspicion: must have REASONABLE AND PROBABLE GROUNDS • Example: Grade 9 strip search

  3. Section 9 – Detention or Imprisonment • Protects citizens from being arbitrarily (randomly) detained or imprisoned • Example: Argued that R.I.D.E Program violates s.9, however, it has been considered a reasonable limit under s.1

  4. Section 10 – Arrest or Detention andSection 11 – Proceedings in Criminal and Penal Matters

  5. Provide the rights of an accused at both the arrest and charging stages of the legal process • Everyone has the right to… • Be informed of the reason for the arrest or detention • Get a lawyer • Informed of what you’re being charged with/detained for • Tried within a reasonable amount of time • Presumed innocent until proven guilty

  6. Section 12 – Treatment or Punishment • The right not to be subjected to cruel and unusual treatment or punishment • Example: Sue Rodriguez case – used s.12 stating Canada was mistreating her by not allowing the assisted suicide

  7. School Alert! School Alert! • $150 has just been reported missing from a grade 9 boy’s gym bag during phys ed. class • Mr. Muscleman, the grade 9 boy’s phys ed. teacher and the department head, conducted a verbal questioning of the boys to determine who stole the money, but everyone denied. • Vice Principal, Ronald McDonald, has just been called forth to handle the situation

  8. A few of the boys in this class have had bad records and a bit of trouble with the school before • Billy, a shy quiet boy in the class had consistently been picked on by the rest • The entire class starts blaming David, maybe because he’s an easy target… no one truly knows

  9. Grade 12 Law Class, your task now, is to deal with the situation… but what and how will you do it…?

  10. Your Task • In small groups, take the information just given to you about the situation and think about the steps and actions that should be taken to deal with the situation at hand • People involved must include: class of 30 grade 9 boys, VP – Ronald McDonald, teacher – Mr. Muscleman, and anyone else you presume to be useful or beneficial

  11. Each group must re-enact in character, their handling of the case • Steps and actions may include: interviewing, searching in any form, collecting information, questioning, etc.

  12. What really happened…. • Location: Kingsville District High School in Southwestern Ontario, near Windsor • Date: December 4, 1998 • $90 was reported missing from one of the boy’s gym bag • The Vice Principal and gym teacher conducted a mass strip search of the entire grade 9 boys’ phys ed. class as well as their lockers, bags, etc.

  13. The VP and the gym teacher “ordered the boys to come one by one into an office, where they were subjected to a strip search.” • One of the male students described the search saying, “they made us go into the phys ed office one at a time and we had to take our clothes off in front of them and then bend over and touch our toes.” • In the end, the money was not found.

  14. Supreme Court, noted that the growing prevalence of drugs and weapons makes it necessary for school staff to be allowed to search students without obtaining a warrant, in order to keep schools safe. Supreme Court ruled that principals and teachers are not subject to the same strict rules as police when conducting searches.

  15. However, searches are supposed to be limited for weapons and drugs, NOT money. • The VP and teacher were ordered to stay away from the students. • The school board’s direct of education called the search a "violation of the rights, dignity and respect of the children.” • Ottawa Citizen article • The Associated Press article • CBC News article

  16. Section 15 – Equality Rights • Every individual has right to equal protection and benefit of the law without discrimination (i.e. race, ethnicity, religion, sex, disability, etc.) • Equality does not necessarily mean that every individual should be treated the same, situation based – case by case • Wording of this section shows that it applies to individuals and not to corporations

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