Which section of the Charter of Rights and Freedoms includes the "Right to remain Silent" as determined by the Hebert v. R. case?

Prepare for the Commissionaires Security Guard Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The "Right to remain silent" is indeed found within Section 10 of the Charter of Rights and Freedoms, specifically in the context of arrest or detention. This section outlines the rights of individuals who are arrested or detained, emphasizing their entitlement to be informed of the reasons for their detention and to retain and instruct counsel without delay. The context of the Hebert v. R. case reinforces this right, as the Supreme Court of Canada recognized that the right to remain silent is an essential protection that upholds the individual’s liberty and security, ensuring that the individual does not have to provide self-incriminating information during police questioning.

Discussions surrounding the other sections reveal that while they focus on important rights, they do not explicitly address the right to silence in the same manner. Section 7 pertains to life, liberty, and security of the person, creating a foundation for rights but without specifically referencing the right to remain silent. Section 9 discusses unlawful detention or imprisonment, which is related but not focused on the right to silence. Section 8 deals with search and seizure rights, which again are significant but not directly connected to the issue of remaining silent when questioned in a legal context. Thus, the correct section related to the right to remain silent

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy