Charter Of Right And Freedom Essay

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Canadian Charter of Right and Freedom and other human rights legislation is an effective tool for the people to ensure and maintain a just society. Canadian Charter of Right and Freedom as the fundation and most important part of Canadain law, is the fundmental of Canada society. Therefore, it is very important for it to be an effective tool to ensure and maintain a just and healthy society. First, the Charter helps the innocence and make sure they are protected. Second, the Charter cannot be infringed upon in any circumstances. Thirdly, the interpretation of the Charter will change, along with the society. The Charter’s job is to protect the right and freedom of the citizens in the country. And the Charter have protected David Edwin Oakes …show more content…

The Charter as a effective tool to a just society, is in favour toward individual rights. The example is the case of R.v. Collins, April 9, 1987. In this case, two RCMP search and seizure Ruby Collins without a warrant, beacuse they suspect that she is in possession of drug. In fact, she did have a green balloon of heroin in her hand. However, the action of the police was unreasonable, aggressive and cruel, most importantly, their action imfringed section 8 of the Charter. Section 8 of the Charter stated that everyone has the right to be secure against unreasonable search or seizure. This section have a direct conflict to the Narcotic Control Act, where it stated a search and seizure without warrant is allowed if police suspects someone is in possession of drug. The result of the this case is that Ruby Collins’ charges were laid off. This is because the heroin was obtained in a manner that infringed the Charter rights, which under section 24(2) in the Charter, the heroin was excluded as edvidence. This case clearly show how the Charter is in favour of individual rights. Heroin may be a threat to the society and public interest, but the Charter is still protecting the rights and freedom of the

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