Criminal Law Protections

This week's debating proposition (up to three presenters for each side): "In recent years, fundamental criminal law rights, such as the right to pre-trial disclosure, the right against search and seizure, the right against arbitrary detention, the right to silence and the right to counsel, have been undercut inappropriately. There is supposed to be a balance between control of state and police power and protection of the rights of the person on the one hand and on the other hand furthering effective law enforcement. The balance is currently wrong: the latter is inappropriately favoured over the former."

(1)  Section 8 (right against search and seizure) - we will discuss the following cases (feel free to refer to others):

R. v. Edwards, [1996] 1 S.C.R. 128, 192 N.R. 81, 104 C.C.C.(3d) 136, 33 C.R.R. (2d) 226, 45 C.R. (4th) 307.

R. v. M. (M.R.), [1998] 3 S.C.R. 393, 57 C.R.R. (2d) 189, 166 D.L.R. (4th) 261, 129 C.C.C. (3d) 361, 519 A.P.R. 725, 171 N.S.R. (2d) 125, 233 N.R. 1, 20 C.R. (5th) 197.

R. v. Tessling, [2004] 3 S.C.R. 432.

(2)  Pre-trial disclosure - the interaction between the fair trial rights of accused persons and other Charter values such as equality rights (feel free to refer to others): 

R. v. Mills, [1999] 3 S.C.R. 668, 139 C.C.C. (3d) 321, 248 N.R. 101, 28 C.R. (5th) 207, 180 D.L.R. (4th) 1, [2000] 2 W.W.R. 180, 244 A.R. 201, 209 W.A.C. 201, 75 Alta. L.R. (3d) 1, 69 C.R.R. (2d) 1.

(3)  Rights against arbitrary detention, the right to silence and the right to counsel - investigative detentions (feel free to refer to others):

R. v. Mann, [2004] 3 S.C.R. 59

R. v. Clayton, 2007 SCC 32

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