EMERGING ISSUES IN RELATION TO THE LEGAL RIGHTS OF A SUSPECT UNDER THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Abstract

The Charter has generated an explosion of judicial decisions which vary greatly in quality and result. While a radical transformation of our legal system is not likely to occur, it will never be the same. The courts will be expected to take greater responsibility for the integrity of the Charter's formulation of legal rights by eliminating anomalies, inconsistencies and omissions in that formulation. Two specific areas of potential application of the Charter to criminal suspects are examined. The key issues for interpretation are the meanings of "detention" in relation to section 10(b) and "charged with an offence" in relation to section 11(c). A strict reading of these provisions would suggest that they have little or no application, respectively, to suspects who have not yet been arrested or not yet charged. Nevertheless, a bold interpretation may be necessary to maintain the "integrity" of the Charter.