2.2 Your Rights

2.2 Your Rights

As a Canadian citizen, you are granted certain rights under the Canadian Charter of Rights and Freedoms that should not be violated. Many tickets are dropped each year because these rights were not respected.

Here are some of them:

  • Section 7 –  You have a right to disclosure. This is very important! Any evidence that the prosecutor wishes to use against you must be disclosed to you before your trial.

  • Section 11(a) – You have a right to be informed of the offence you are being charged with. Your ticket and disclosure should clearly explain what you are being charged with.

  • Section 11(b) – You have a right to have your case tried within a reasonable time— if it takes too long for the courts to complete your trial, your case may be dismissed.

  • Section 11(d) – Under section 11(d), evidence cannot be obtained from you unfairly.

You can request a “stay” if you believe that your rights have been violated. Requesting a stay means that you are requesting that the Justice stop the trial— essentially, giving you the win!