Know Your Rights

What is the significant of section 11(b) of the Charter of Rights and Freedoms?Andrew Captan2016-03-09T02:53:23+00:00

Section 11(b) of the Charter of Rights and Freedoms guarantees individuals charged with offences (including non-criminal offences, such as a traffic ticket) the right to be tried within a reasonable time. If a matter has taken too long to get to the trial stage, then the accused can bring an application pursuant to section 11(b) to have his/her charge(s) stayed. Factors that a court will take into account when determining whether an application under section 11(b) should be granted include the following:

1) the length of delay;

2) the reasons for delay;

3) waiver of time periods; and

4) prejudice to the accused

What if I am asked to participate in a Polygraph (“lie detector”) test?Andrew Captan2016-03-09T02:53:27+00:00

Unless a criminal lawyer has specifically advised you to participate, you can, and should, politely decline to take the test. The test results, as well as the refusal to take the test, are inadmissible in court as evidence. Police tend to rely on Polygraph tests as way of getting a confession, or at least an admission that assists the prosecution, from the accused, but the results have no value as evidence.