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This is a list of privileges that can be found in the Canadian Constitution. The Charter includes a collection of laws that outline how a nation should run. It also emphasizes the central and provincial governments of Canada’s authority. This Charter lays out the freedoms and privileges that Canadians can take for granted in a democratic country. The charter is in charge of defending various freedoms and rights, including the right to a democratic environment, the freedom from crime, and the right to Canadian culture and history, among others. In this essay, we’ll talk about how the Charter has made it harder for the cops and the prosecution to carry out their duties. The charter has been found not to prevent the courts from successfully prosecuting criminals. I will give an example of a news article that was about Marco Brilliant. This is a case of October 3rd 2016. A greater Sudbury Police constable was declared to have acted improperly concerning The Canadian Charter when he conducted a quick strip search on Marco Brilliant.
Dennis Michel in his conclusion stated that the it was unfathomable that the police could act this way in the public. He instead said that the police could have easily brought Brilliant.
On 12 September on the trials first day, the police constable Douglas Mc Naught belonging to Sudbury Police Department admitted of doing the search on Brilliant before finding a hard object in the groin region.
Currently, Brilliant is in custody and has pleaded not guilty of cocaine charges. The court trial heard that the two bags contained different masses of cocaine. Mc Naughton said that he never reached genitals of Brilliant but simply used his two fingers to pull the bags. The police constable admitted of conducting two strip searches as the first was in the public and the second in the car. The main reason why second strip search was conducted was because Mc Naughton though that Brighton had an object like weapon around his genitals.
The two accounts of searches led the prosecution to conclude that the search was proportional to the situation or the circumstance. That is the reason why they did not wait to get to the police station to complete the search. In cases where it’s not about drug and associated substances, strip searching and individual in the public would be against Canadian Charter of Rights and Freedoms.
References
www,thesudbarystar.com/2016/10/3/strip-search-accuseds-rights-lawyer.
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