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Section 11 Constitution Act 1982 (Charter of Rights and Freedoms)

OTHER CANADIAN LAWS 1. Rights and freedoms in Canada. 2. Fundamental freedoms. 3. Democratic rights of citizens. 4. Maximum duration of legislative bodies. 5. Annual sitting of legislative bodies. 6. Mobility of citizens. 7. Life, liberty and security of person. 8. Search or seizure. 9. Detention or imprisonment. 10. Arrest or detention. 11. Proceedings in criminal and penal matters. 12. Treatment or punishment. 13. Self-crimination. 14. Interpreter. 15. Equality before and under law and equal protection and benefit of law. 16. Official languages of Canada. 16.1. English and French linguistic communities in New Brunswick. 17. Proceedings of Parliament. 18. Parliamentary statutes and records. 19. Proceedings in courts established by Parliament. 20. Communications by public with federal institutions. 21. Continuation of existing constitutional provisions. 22. Rights and privileges preserved. 23. Language of instruction. 24. Enforcement of guaranteed rights and freedoms. 25. Aboriginal rights and freedoms not affected by Charter. 26. Other rights and freedoms not affected by Charter. 27. Multicultural heritage. 28. Rights guaranteed equally to both sexes. 29. Rights respecting certain schools preserved. 30. Application to territories and territorial authorities. 31. Legislative powers not extended. 32. Application of Charter. 33. Exception where express declaration. 34. Citation. 35. Recognition of existing aboriginal and treaty rights. 35.1. Commitment to participation in constitutional conference. 36. Commitment to promote equal opportunities. 37. Repealed. 38. General procedure for amending Constitution of Canada. 39. Restriction on proclamation. 40. Compensation. 41. Amendment by unanimous consent. 42. Amendment by general procedure. 43. Amendment of provisions relating to some but not all provinces. 44. Amendments by Parliament. 45. Amendments by provincial legislatures. 46. Initiation of amendment procedures. 47. Amendments without Senate resolution. 48. Advice to issue proclamation. 49. Constitutional conference. 50. Section 92A, Constitution Act, 1867 51. Sixth Schedule, Constitution Act, 1867 52. Primacy of Constitution of Canada. 53. Repeals and new names. 54. Repeal and consequential amendments. 55. French version of Constitution of Canada. 56. English and French versions of certain constitutional texts. 57. English and French versions of this Act. 58. Commencement. 59. Commencement of paragraph 23(1)(a) in respect of Quebec. 60. Short title and citations. 61. References Schedule (Not available)

Section 11 Constitution Act 1982

Section 11 Constitution Act 1982 is about Proceedings in criminal and penal matters. It is under Part I (Canadian Charter of Rights and Freedoms) and Legal Rights of the Act.

Proceedings in criminal and penal matters

Any person charged with an offence has the right

See also  Section 7 Canadian Human Rights Act 1985

(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.


See also:

Section 10 Constitution Act 1982

Section 9 Constitution Act 1982

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