3 ms·

As a somewhat recent immigrant to Canada, would the consensus be that this applies here as well?

walrus01 2y ago
https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and... There is also a whole body of precedents and case law in canada specific to charter rights, broadly similar to US rights, but with different terminology.
fusivdh 2y ago
In my experience with both countries, American constitutional rights are stronger, but Canadian police are less corrupt (but universally unpleasant)
Scoundreller 2y ago
Big difference in Canada is that judges can be fully aware of an illegal unconstitutional search but convict you anyway from evidence collected from it if they feel like it. And fewer jury trials (positive or negative depending on your point of view), and the prosecutor is free to appeal a not guilty ruling.
MadnessASAP 2y ago
As walrus01 said, yes the 4th amendment has a almost word for word parallel in the CCRF, specifically section 8: 8. Everyone has the right to be secure against unreasonable search or seizure. However, it's important to know that the Canadian courts have interpreted the law differently then American courts. https://en.m.wikipedia.org/wiki/Section_8_of_the_Canadian_Charter_of_Rights_and_Freedoms https://en.m.wikipedia.org/wiki/Section_8_of_the_Canadian_Ch...
- int_19h 2y ago
  Note further that Section 8 of CCRF is one of the sections that are subject to the "notwithstanding clause" (Section 33), meaning that either the federal parliament or the provincial legislature can enact laws in direct contravention to it, so long as they expressly declare it in the text of the law. Such "notwithstanding" declarations have a 5-year term, but legislature can renew them indefinitely. So, in practice, the most important parts of CCRF can be overridden by simple majority vote of the legislators.

https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and... There is also a whole body of precedents and case law in canada specific to charter rights, broadly similar to US rights, but with different terminology.

fusivdh 2y ago

In my experience with both countries, American constitutional rights are stronger, but Canadian police are less corrupt (but universally unpleasant)

Scoundreller 2y ago

Big difference in Canada is that judges can be fully aware of an illegal unconstitutional search but convict you anyway from evidence collected from it if they feel like it. And fewer jury trials (positive or negative depending on your point of view), and the prosecutor is free to appeal a not guilty ruling.

MadnessASAP 2y ago

As walrus01 said, yes the 4th amendment has a almost word for word parallel in the CCRF, specifically section 8: 8. Everyone has the right to be secure against unreasonable search or seizure. However, it's important to know that the Canadian courts have interpreted the law differently then American courts. https://en.m.wikipedia.org/wiki/Section_8_of_the_Canadian_Charter_of_Rights_and_Freedoms https://en.m.wikipedia.org/wiki/Section_8_of_the_Canadian_Ch...

int_19h 2y ago
Note further that Section 8 of CCRF is one of the sections that are subject to the "notwithstanding clause" (Section 33), meaning that either the federal parliament or the provincial legislature can enact laws in direct contravention to it, so long as they expressly declare it in the text of the law. Such "notwithstanding" declarations have a 5-year term, but legislature can renew them indefinitely. So, in practice, the most important parts of CCRF can be overridden by simple majority vote of the legislators.