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COURTS AND LEGAL REFORM

COURTS AND LEGAL REFORM. Courts and Law Reform. Theren’s Case Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform Courts could only declare a law invalid if it exceeded the scope of their authority

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COURTS AND LEGAL REFORM

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  1. COURTS AND LEGAL REFORM

  2. Courts and Law Reform • Theren’s Case • Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform • Courts could only declare a law invalid if it exceeded the scope of their authority • Charter meant the court could strike down any law which infringed on rights listed in CCRF

  3. R. v. Therens • Idea of being informed of right to a lawyer is a misconception prior to 1982. • Only American’s had to be informed of a right to a lawyer • Media • Miranda only applied in U.S. • Charter of Rights and Freedoms guaranteed this right for Canadians

  4. R. v. Therens • Case of Paul M. Therens • Night of drinking • Learned friends killed while canoeing • Drove his car home and smashed into tree • Police demanded Therens provide breath sample • Did not inform him of right to a lawyer • Went to police station and gave breath sample • Charged and later convicted with impaired driving

  5. R. v. Therens • Charter challenge • Lawyer argued Therens detained in police station and denied right to a lawyer • Guaranteed in s. 10 (Charter) • Supreme Court overturned conviction ruling test results wrongly obtained • Admit them would “bring administration of justice into disrepute” • Message: Supreme Court would exclude evidence if Charter Rights not respected.

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