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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 163
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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I would like to know where i can find the individual right

Customer Question

I would like to know where i can find the individual right that says a person must understand the charges being filed against him or her denial of this right requires the court to declare forcloser
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law Maven replied 1 year ago.
Hello &ndash; my name is***** am a Canadian lawyer, and I’ll be happy to help with your question today. There are two places in Canadian law that give the government the right to file charges -- the Criminal Code is Federal law, and then each province has Provincial Offenses that are Provincial law. Since there are two levels of charges, the individual rights that apply to charges depend on what level you're thinking of. If the charges are Criminal, under the Criminal Code of Canada, the primary protections for individuals are in the Canadian Charter of Rights and Freedoms. If the charges are Provincial Offenses, under provincial legislation, the primary protection for individuals is BOTH the Canadian Charter and the Human Rights Code or Charter of the province itself. For Quebec, there is the Quebec Charter of Human Rights and Freedoms, CQLR c C-12, <http://canlii.ca/t/hxt9>
Expert:  Law Maven replied 1 year ago.
Section 28 of the Quebec Charter states:28. Every person arrested or detained has a right to be promptly informed, in a language he understands, of the grounds of his arrest or detention. That is not quite the same as the right to understand the charges... sometimes something can be in a language that a person speaks, but be very complicated so that even though the person understands the language they do not fully understand what has been said. As a lawyer I understand legal terms, but someone could explain the science of how string theory works, and even though they are speaking English I do not understand it. In a situation like that, the law would say that I have been promptly informed of string theory in a language I understand. I would still say "I don't know what you mean" but it would not matter. My legal right to be informed would have been satisfied.
Expert:  Law Maven replied 1 year ago.
If you are thinking about a charge under the Criminal Code, then there are several sections of the Canadian Charter that apply:Section 10. Everyone has the right on arrest or detention(a)to be informed promptly of the reasons therefor; Section 11. Any person charged with an offence has the right(a)to be informed without unreasonable delay of the specific offence; Section 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. Again, nothing above specifically says that there is a right to understand the charges, or even a right to an interpreter to be told the charges in their own language. Courts have decided over time that they should interpret those three sections together to create a right to an interpreter who can tell the person their rights on arrest. It does not have to be immediate, but the police cannot take advantage of someone not understanding the language the police are speaking to gather evidence without the person knowing that they have a right to counsel, and a right not to give evidence. You also ask about what happens if these rights are denied. The denial of a right under the Canadian Charter allows the Court to decide not to admit evidence that was wrongfully obtained. So, for instance, if someone who is Deaf is stopped for driving under the influence of alcohol, the breathalyzer results would not be admitted to trial if the police do not bring a sign language interpreter, or provide the information about the charge in writing. The denial of a right under the Quebec Charter means that the person whose right was infringed is entitled ask for the charge to be dropped, and to ask for compensation if they have suffered financial or moral harm from being charged. Unfortunately this is not an argument that seems to have been used in Court before, perhaps because it is easier to use the Canadian Charter. That means I cannot tell you exactly what the result would be if the argument was successful. I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer. My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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