They are as follows:
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Section 8: the right to be secure against unreasonable search and seizure.
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Section 9: the right not to be arbitrarily detained or imprisoned.
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Section 10: the right on arrest or detention to be informed promptly of the reason for the arrest or detention, and, to retain and instruct counsel without delay, and to be informed of that right, and, to have the validity of that detention determined by way of habeas corpus, and to be released if the detention is not lawful.
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Section 11: outlines several different rights for any person charged with an offence; namely:
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to be informed without unreasonable delay of the specific offence.
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to be tried within a reasonable time.
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not to be compelled to be a witness in proceedings against that person in respect of that offence.
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to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial court.
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not to be denied reasonable bail without just cause.
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if finally acquitted of the offence, not to be tried for it again, and, if finally found guilty and punished for the offence, not to be tried or punished for it again.
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if found guilty of the offence, and if the punishment for the offence has been varied between the time of the commission and the time of sentencing, to the benefit of the lesser punishment.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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