Section Nine of the Canadian Charter of Rights and Freedoms
- Section Nine of the Canadian Charter of Rights and Freedoms
Section Nine of the "Canadian Charter of Rights and Freedoms", found under the "Legal rights" heading in the "Charter", guarantees the right against arbitrary detainment and imprisonment. The provision is invoked in the criminal law context generally where a police officer who stops, detains, arrests or otherwise restrains a suspect without reasonable grounds.
Section nine states:
Interpretation
Detainment within the meaning of both section nine and section ten is not invoked unless there is significant physical or psychological restraint. [para. 19 "R. v. Mann" (2004)] Detainment can be found to be arbitrary where there is "no express or implied criteria which govern its exercise." [ para. 13 in "R. v. Hufsky" (1988)]
Where section nine has been invoked the crown must show that the police were acting under a lawful duty. This duty can either be from the common law [see "R. v. Waterfield"] or statute. Following this, the crown must show that the conduct itself was a justifiable use of their authority granted under the duty.
In "R. v. Wilson" (1990), it was found that random stops by police, authorized by statute, were in violation of section 9 but were justified as a reasonable limitation under section 1 of the "Charter". Likewise, in "R. v. Ladouceur" (1990) highway stops were found to be arbitrary where absolute discretion was given to the police. Again, the violation was justified under section 1.
Notes
External links
* [http://www.canlii.org/ca/com/chart/s-9.html Section 9 Charter Digest at canlii.org]
* [http://www.charterofrights.ca/language.php Fundamental Freedoms: The Charter of Rights and Freedoms] - Charter of Rights website with video, audio and the Charter in over 20 languages
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