REVscene - Vancouver Automotive Forum

pathy1986 · 09-14-2009, 12:51 PM

Would removing the charter of rights and freedoms cause the police to abuse their power or not?

CRS · 09-14-2009, 01:59 PM

Wow, there is such a complicated answer to this question.....

Let's assume for one second that even with the charter of rights and freedoms, police can abuse their power, what is stopping them now...?

Likewise, if the charter of rights and freedoms was removed, citizens would no longer have any rights or freedoms so it wouldn't be really considered "abuse of power"...

Sort of a catch 22.

pathy1986 · 09-14-2009, 06:32 PM

yeah so pretty much with the charter remove the police are allowed to do almost anything and would not be illegal. But what would the police benefit from the charter being removed?

yvrnycracer · 09-14-2009, 07:21 PM

they are already enforcing laws that override the charter... A judge has upheld them as they are for the safety of the general public... but in fact 24 hour/90 day ADP's do violate the charter of rights and freedoms... as do those where you deny to give a sample...

CRS · 09-14-2009, 11:02 PM

Quote:

Originally Posted by pathy1986

yeah so pretty much with the charter remove the police are allowed to do almost anything and would not be illegal. But what would the police benefit from the charter being removed?

Where is this question stemming from....?

What makes you think that the police want the charter removed?

vancouveray · 09-14-2009, 11:15 PM

lol. is this a school assignment or something?

pathy1986 · 09-15-2009, 03:35 PM

yeah it is and I'm stuck on the subject i need to know if removing the charter would it cause the police to abuse their power or not.

CRS · 09-15-2009, 05:48 PM

My previous post just answered your question.

EXPAND ON IT.

Seriously, if this is a school homework, you should get your own ideas. The answer I have provided gives you more than enough to answer this question.

Uncle Benz · 09-15-2009, 07:43 PM

Quote:

Originally Posted by CRS

Wow, there is such a complicated answer to this question.....

Let's assume for one second that even with the charter of rights and freedoms, police can abuse their power, what is stopping them now...?

Likewise, if the charter of rights and freedoms was removed, citizens would no longer have any rights or freedoms so it wouldn't be really considered "abuse of power"...

Sort of a catch 22.

Prior to the Charter citizens had rights under the Canadian Bill of Rights. All the Charter did was entrench the rights in the Canadian Constitution which was supposed to bring more consistency in how cases were decided.

However, from a realistic standpoint having the Charter does not mean any evidence obtained by the police by abusive means automatically gets thrown out of court and the accused goes free. The court has to factor in Section 8, 24 and 1 analysis. Because the circumstances/facts of each case are different the exact same police abuse in 2 different circumstances will lead to two different results. Eg. abuse of police power in busting someone with 5grams of cocaine vs abuse of police power in busing someone with 500kg of cocaine.

Hope that helps. What class is this assignment for anyways?