Charter Section

Your Task: You will sign up for a section of the Charter to discuss in your presentation. You will also discuss an important legal case involving your section of the Charter of Rights and Freedoms. Make sure you include your citations for your research.

The topic is: s.7-14 Legal Rights, s.12 Cruel or Unusual Treatment or Punishment

You must include:

1. A definition of the section of the Charter, and be able to explain what this means.
2. A description of an important Supreme Court Charter Case you have chosen, that relates to your Charter section, including:
   1. What happened to cause the case?
   2. Who brought the case, and who was the defendant?
   3. How does it connect to your chosen Charter section?
   4. What was the final decision of the Supreme Court.
   5. Why is this case an important case (What effect did the decision have on making change/clarifying rights and freedoms etc).

( please answer this question separately)

You may include:

1. Visuals
2. Videos (Short)
3. Additional cases to illustrate your point

Resources/information:

S. 7-14 of the Charter of Rights and Freedoms deals with legal rights. This includes the right to life, liberty, and security of the person, the right not to be deprived of these rights except in accordance with the principles of fundamental justice, the right not to be subjected to any cruel and unusual treatment or punishment, and the right to be presumed innocent until proven guilty.

One important Supreme Court Charter case that relates to this section is R. v. Jordan, [2016] 1 S.C.R. 631. This case concerned the issue of whether or not an unreasonable delay in bringing an accused to trial can violate their right to be tried within a reasonable time, as guaranteed by s. 11(b) of the Canadian Charter of Rights and Freedoms.

The case began when the accused, Mr. Jordan, was charged with several drug-related offences. His trial was initially set for six months after the charges were laid, but it was ultimately delayed for more than four years. Mr. Jordan argued that the delay in his trial was unreasonable and violated his right to be tried within a reasonable time.

The Supreme Court of Canada agreed with Mr. Jordan, and found that the unreasonable delay in his trial had deprived him of his right to a fair and speedy trial. The Court also found that the Crown had not taken reasonable steps to avoid or alleviate the delay, and that the delay had caused Mr. Jordan to suffer actual prejudice. As a result, the Court ordered a stay of proceedings in Mr. Jordan's case.

This case is important because it clarified the law on unreasonable delay in criminal proceedings, and established clear guidelines on what constitutes a violation of an accused person's right to a fair and speedy trial. The decision in this case has had a significant impact on the way criminal cases are handled in Canada, and has helped to ensure that accused persons are treated fairly and given a fair chance to defend themselves.

Sources:

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16046/index.do

https://www.thelawyersdaily.ca/articles/6109/unreasonable-delay-criminal-proceedings-varies-circumstances-scc-says

https://www.theglobeandmail.com/news/national/supreme-court-rules-in-favour-of-man-whose-drug-trial-was-delayed/article30673409/