What is the relationship between the Charter and criminal
law?
Many
legal analysts think that the most significant impact that the Charter
has had on Canadian society has been in the area of criminal
law. The Charter affects all areas of criminal law,
from the investigation of a crime, procedural fairness at trial,
and decisions about the use of evidence, right through to the sentencing
of convicted individuals. The Charter can be used to strike
down a criminal law passed by parliament if it violates one of the
freedoms protected by the Charter and the government cannot
justify the violation as the only reasonable way to meet an important
need.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
December
1996
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