1 / 5

COURTS AND LEGAL REFORM

COURTS AND LEGAL REFORM. Courts and Law Reform. Theren’s Case Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform Courts could only declare a law invalid if it exceeded the scope of their authority

sagira
Download Presentation

COURTS AND LEGAL REFORM

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. COURTS AND LEGAL REFORM

  2. Courts and Law Reform • Theren’s Case • Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform • Courts could only declare a law invalid if it exceeded the scope of their authority • Charter meant the court could strike down any law which infringed on rights listed in CCRF

  3. R. v. Therens • Idea of being informed of right to a lawyer is a misconception prior to 1982. • Only American’s had to be informed of a right to a lawyer • Media • Miranda only applied in U.S. • Charter of Rights and Freedoms guaranteed this right for Canadians

  4. R. v. Therens • Case of Paul M. Therens • Night of drinking • Learned friends killed while canoeing • Drove his car home and smashed into tree • Police demanded Therens provide breath sample • Did not inform him of right to a lawyer • Went to police station and gave breath sample • Charged and later convicted with impaired driving

  5. R. v. Therens • Charter challenge • Lawyer argued Therens detained in police station and denied right to a lawyer • Guaranteed in s. 10 (Charter) • Supreme Court overturned conviction ruling test results wrongly obtained • Admit them would “bring administration of justice into disrepute” • Message: Supreme Court would exclude evidence if Charter Rights not respected.

More Related