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COURTS AND LEGAL REFORM. Courts and Law Reform. Theren’s Case Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform Courts could only declare a law invalid if it exceeded the scope of their authority

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courts and law reform
Courts and Law Reform
  • Theren’s Case
  • Charter of Rights and Freedoms gave Canadian citizens a greater role in law reform
    • Courts could only declare a law invalid if it exceeded the scope of their authority
  • Charter meant the court could strike down any law which infringed on rights listed in CCRF
r v therens
R. v. Therens
  • Idea of being informed of right to a lawyer is a misconception prior to 1982.
    • Only American’s had to be informed of a right to a lawyer
      • Media
      • Miranda only applied in U.S.
  • Charter of Rights and Freedoms guaranteed this right for Canadians
r v therens1
R. v. Therens
  • Case of Paul M. Therens
    • Night of drinking
    • Learned friends killed while canoeing
    • Drove his car home and smashed into tree
    • Police demanded Therens provide breath sample
      • Did not inform him of right to a lawyer
      • Went to police station and gave breath sample
      • Charged and later convicted with impaired driving
r v therens2
R. v. Therens
  • Charter challenge
    • Lawyer argued Therens detained in police station and denied right to a lawyer
      • Guaranteed in s. 10 (Charter)
      • Supreme Court overturned conviction ruling test results wrongly obtained
        • Admit them would “bring administration of justice into disrepute”
    • Message: Supreme Court would exclude evidence if Charter Rights not respected.