Essay Example on Police, Charter of Rights: Upholding the Law of the Land

The police being part of the government is bound and expected to uphold the Charter of Rights and Freedoms. The Supreme court of Canada has the responsibility of interesting the Charter of Rights being the most potent political branch in Canada. Yes, the police are required to promote and uphold every rule associated with the Charter of rights and freedom in their everyday activities. The police, while performing their duties, must act in a way that promotes the sections of the Charter. The Charter protects the individuals from being searched without any cause with guarantees of an affair trial to the accused persons (Canadian Superior Courts Judges, 2018).

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Section eight protects the people with the right of security against unreasonable search or seizure, providing a reasonable expectation of a person's privacy (Heritage, 2019). A search warrant granted by a judge permits to enter into people's property in search of evidence or seize property. The police get asked to conduct their business fairly and reasonably hence are prohibited from registering a private estate or invading people's privacy without legal reason.

Section nine of the Charter explains that the Canadian people not to be imprisoned or detained arbitrarily (Heritage, 2019). However, the suspects to g arrested are required to get provided with suitable and sufficient reason for the arrest. The police have been allowed to stop drivers for breathing tests. The rights found in the Charter involve an individual at a point of being detained by the police. Also, it focuses on being searched and charged with a crime.

Section 10 of the Charter of Rights guarantees everyone the right to lawful detention (Heritage, 2019). The police uphold the said right by informing the suspect the reason for arrest and ensure the suspect under detection has a chance to challenge the lawfulness of the detention. It means that the police can conduct an arrest or search an individual on a lawful basis, or otherwise, the evidence against the person may be inadmissible, and the court may disallow charges.

Evidence that is not admissible during arrest might result in the suing of the police for violating the rights of the individual. The Charter is then enforced broadly by the courts. The court can enforce the Charter through remedying issues if the individual believes their rights in the Charter have been violated. The arrested party has the right to talk with a lawyer and be provided with legal advice on the situation (Heritage, 2019). the law enforcers have the role of explaining to the arrested party of the legal aid service available in the area.

The suspected individual g provided with the right gets of asking the judge to make a decision on the legality of the arrest and release the individual if it was not in order. The guilty verdict of the suspect must be proven beyond reasonable doubt of the involvement of the person in committing a crime according to Section 11 (Heritage, 2019).

The persons accused of a crime should be informed promptly of the offense and considered innocent until proven guilty. Section 12 focuses on treatment or punishment, where it states that every individual has the right to be provided justified and the usual sentence of judgment (Heritage, 2019). It prohibits the state from invoking unusual or cruel treatment, including torture, abusive or excessive use of force by the police.

References

Canadian Superior Courts Judges. (2018). The Courts and the Constitution. Retrieved from http://www.cscja.ca/justice-system/the-courts-and-the-constitution/

Heritage, C. (2019, June 18). Guide to the Canadian Charter of Rights and Freedoms. Retrieved from https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#a2e4