In Canada, equivalent rights exist pursuant to the Charter of Rights and Freedoms. Under the Charter, an arrested person has the right:
to be informed promptly of the reasons therefor;
to retain and instruct counsel without delay and be informed of that right;
to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
The Canadian Charter warning reads (varies by police service): "You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"
(See: R. v. Hebert [1990] 2 S.C.R. 151)
Section 11 of the Charter further provides that a person cannot be compelled to be a witness in a proceeding against them (s. 11(c) - Protection against Self-incrimination) and is presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal (s. 11(d)). Section 14 of the Charter further provides that a translator must be made available so that the person can understand the proceedings against them. This right to a translator extends to the deaf.
While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have counsel present during the course of an interrogation. Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning. While American law requires the police to stop questioning a detained suspect as soon as he invokes his right to silence (Miranda v. Arizona, 384 U.S. 436, 445), in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him. Although this may give the suspect the impression that his claim of the right to silence is meaningless or that he has no such right, it is perfectly legal. In R. v. Singh (163 C.R.R. (2d) 280), the suspect invoked his right to remain silent 18 times and the police nevertheless continued to browbeat him with questioning after each assertion of his right, but the Supreme Court of Canada found this consistent with Canada's Charter rights protections.
What do we have in Canada? We do have the Constitution Act and the Canada's Charter of Rights and Freedoms that are similar to Americans Ammendments. Each province also have a similar document. Don't forget that we are still a Constitutional Monarchy (yup, and stuck with an Ugly Queen, hehehe)
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In Canada, equivalent rights exist pursuant to the Charter of Rights and Freedoms. Under the Charter, an arrested person has the right:
to be informed promptly of the reasons therefor;
to retain and instruct counsel without delay and be informed of that right;
to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
The Canadian Charter warning reads (varies by police service): "You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"
(See: R. v. Hebert [1990] 2 S.C.R. 151)
Section 11 of the Charter further provides that a person cannot be compelled to be a witness in a proceeding against them (s. 11(c) - Protection against Self-incrimination) and is presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal (s. 11(d)). Section 14 of the Charter further provides that a translator must be made available so that the person can understand the proceedings against them. This right to a translator extends to the deaf.
While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have counsel present during the course of an interrogation. Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning. While American law requires the police to stop questioning a detained suspect as soon as he invokes his right to silence (Miranda v. Arizona, 384 U.S. 436, 445), in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him. Although this may give the suspect the impression that his claim of the right to silence is meaningless or that he has no such right, it is perfectly legal. In R. v. Singh (163 C.R.R. (2d) 280), the suspect invoked his right to remain silent 18 times and the police nevertheless continued to browbeat him with questioning after each assertion of his right, but the Supreme Court of Canada found this consistent with Canada's Charter rights protections.
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What do we have in Canada? We do have the Constitution Act and the Canada's Charter of Rights and Freedoms that are similar to Americans Ammendments. Each province also have a similar document. Don't forget that we are still a Constitutional Monarchy (yup, and stuck with an Ugly Queen, hehehe)
Amendments To The Canadian Constitution