c) Not to be

SECTION 11 OF a) To be informed
compelled as a
CHARTER OF without unreasonable
witness in a
delay of the specific
RIGHTS AND offence; proceeding against
FREEDOM you;
Section 11(a) of the Charter is premised on the legal The purpose of s.11(c) is to prevent the prosecution
principle that every accused person is entitled to from forcing individuals to supply the evidence that
know the nature of the allegation against them at an could be used to convict him or her.
early juncture so that they can make informed Ex: Any a person charge with an offence has the right
decisions in their defence. This is an essential aspect not be compelled to be a witness in proceedings
of the common law conception of a “fair trial”. against that person in respect of the offence.
Ex: If a person is being arrested by a police officer,
the police officer must tell you why or what did you
do to be arrested.
d)To be presumed
innocent until proven
guilty according to law in
b) To be tried within a a fair and public hearing
reasonable time; by an independent and
impartial tribunal;
This means that they must be given
enough time to prepare their
Section 11(d) entrenches the long standing common
defence and present their case
law principle that no person can be convicted if there
before a court of law.
exists a reasonable doubt that they committed the
Ex: If a person is being charge with an offence he/she offence.
has the right to be given a reasonable to prove Ex: every person charge with an offence has the
his/herself innocent or guilty. right to be presumed innocent until proven guilty
according to the law in a fair and public hearing by
an independent and impartial tribunal.
EDITORS: JADA HUNTER &
CARL GARCIA
 Ex: Any person charge with an offence has the right to Section 11(h) essentially enshrines what criminal
a fair and public hearing by an independent and lawyers and other legal professions refer to as the
e) Not to be denied impartial tribunal. rule against “double jeopardy”.
Ex: If you are convicted of assault in a criminal court,
reasonable bail
g) Has the right not to be the victim can sue you in the civil court and the civil
without just cause;
found guilty on account suit will not constitute a breach of s. 11(h).
of any act or omission
unless, at the time of the
Section 11(e) is also closely related to the right to be act or omission, it
presumed innocent until proven guilty. Section 11(d)
constituted an offence
tells us that every individual must be presumed to be i) If found guilty of the
innocent and section 11(e) speaks to the issue of an
under Canadian or
offence and if the
accused person’s liberty before trial. Section 11(g) contains international law or was
Ex: Innocent individuals should not be deprived of a simple but criminal according to the punishment for the
their liberty prior to the conviction of the offence. important right. general principles of law offence has been varied
Because of s. 11(g), recognized by the between the time of
f) Except in the case of the criminal law can community of nations; commission and the time
never apply
an offence under of sentencing, to the
retroactively. Essentially, this means that no person
military law tried can be convicted of an action alleged to constitute an benefit of the lesser
It simply states that
before a military offence that was not illegal at the time the defendant punishment.
where the punishme-
tribunal, to the benefit committed it. nt has changed between the time the offence was
of trial by jury where Ex: If the government were to pass a law tomorrow
committed and the time a person is sentenced, the
saying that it is illegal to purchase a handgun, it could
the maximum lesser punishment applies at the time of sentencing.
not then arrest every individual who purchased a
punishment for the Ex: If a person is arrested and were subject to severe
handgun before the law was enacted.
Section 11(f) gives the physical abuse, torture, before found guilty of a crime
offence is
defendant the right to h) If finally acquitted S(i) of CCRF would protect their rights not to be
elect to be tried by tried imprisonment for five subject to such cruel and unusual treatment or
of the offence, not to
by jury if they are years or a more severe punishment during the legal proceeding.
charged with a crime for punishment; be tried for it again
which the maximum and, if finally found
punishment is more than five years. Section 11(f) guilty and punished for
recognizes the benefits of trial by jury and allows the
the offence, not to be
accused to take advantage of those benefits.
tried or punished for it
again;