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National Judicial Institute – National Programs Descriptions

Hearing and Deciding Charter Issues

Overview


This seminar was intended to provide judges with practical skills and tools to manage common applications under the Canadian Charter of Rights and Freedoms as well as the complex procedural issues arising from these types of cases.

Objectives


The objectives of this seminar were to provide participants with an enhanced understanding of the principles of the Charter, awareness of key jurisprudential developments, procedural skills to manage Charter proceedings, practical information on procedural issues, and analytical frameworks to assist judges in deciding cases under Charter provisions (both criminal and civil).

Summary

Through a combination of lectures, presentations, small group work, analytical frameworks and other interactive learning activities, participants worked through a fact scenario with the assistance of faculty and facilitators to address topics that included: general principles underlying the Charter; protection against unreasonable search or seizure; detention and the right to counsel; sentencing and the Charter. the right to life, liberty and security of the person; the right to a trial within a reasonable time; reasonable limitations on Charter rights; procedural issues in Charter cases; and remedies in case of Charter breach. This hands-on seminar helped participants enhance the skills needed to address Charter issues effectively as they occur in the courtroom.

Date

Nov 27th -
Nov 30th 2018

Number of Participants

49

Keywords