Mock Court of Appeal Charter Challenge Assignment:

Case Organizer Case link= https://ojen.ca/wp-content/uploads/Fall-2013-Scenario_English.pdf

Some extra info for help

CLU3M Mock Court of Appeal Charter Challenge Assignment: Case Organizer #You_MUST use Chicago footnotes in the organizer for paraphrased and quoted information from the R. v. Roy case and the OJEN handouts.* Footnote for information from the case study: R. v. Roy Footnote for information from the handouts: OJEN: Section. of the Charter What was the judge's decision in Mr. Roy's criminal trial? What reasons did the judge give for his decision? Provide a summary of each side's position for the hearing at the Ontario Court of Appeal The Appellant's Arguments: Which of his Charter rights does Mr. Roy believe The Respondent's Arguments: Why does the Crown believe that none of Mr. were violated (infringed) by the police? Why? Roy's Charter rights were violated (infringed) by the police? His section 8 rights are violated, "Everyone has the right to be secure against unreasonable search or seizure" His section 8 rights are violated, "Everyone has the right to be secure against unreasonable search or seizure" . What remedy (outcome) is Mr. Roy (the Appellant) seeking at the Ontario Court of Appeal?Background Tyson Roy is a member of the Black community. He believes that his Charter rights were violated by police officers from the Community Officers Proactive Policing Initiative on October 31, 2019. Mr. Roy believes he was detained in violation of his section 9 Charter rights when the police officers stopped him to complete a Community Contact Card (a practice known as "carding"). When Mr. Roy tried to walk away from the police officers, he believes he was again detained in violation of his section 9 Charter rights. Section 9 - Everyone has the right not to be arbitrarily detained or imprisoned Mr. Roy believes his section 10(a) and (b) Charter rights were violated when the police asked him if he had anything in his backpack Sections 10 (a) and (b) - Everyone has the right on arrest or detention to: (a) be informed promptly of the reasons therefor, (b) to retain and instruct counsel without delay and to be informed of that right. + Mr. Roy believes the police searched his backpack in violation of his section 8 Charter rights. Section 8 - Everyone has the right to be secure against unreasonable search and seizure. Mr. Roy believes that the search of his backpack was unreasonable and he wants the loaded handgun the police officers found to be excluded from evidence under section 24(2) of the Charter. Section 24(2) - Where [ ] evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. Outcome: Mr. Roy was convicted of the charges against him. Appeal: Mr. Roy and his lawyers are appealing his conviction to the Ontario Court of Appeal on the grounds that the trial judge made an error in law by not excluding the loaded handgun, despite the violations of Mr. Roy's Charter rights