Section Thirteen of the Canadian Charter of Rights and Freedoms
Encyclopedia
Section Thirteen of the Canadian Charter of Rights and Freedoms is a section of the Charter
which, along with section 11 (c)
, specifies rights regarding self-incrimination
.
It reads:
Rights against self-incrimination had existed in Canadian law even before the Charter, but these applied to cases in which an individual might incriminate him or herself while giving testimony
in another person's trial
. Since the enactment of the Charter, the right has been extended in case law in regard to retrials, to exclude from one's retrial self-incriminating evidence if it had been obtained during cross examination in the last trial.
This section is also similar the Fifth Amendment to the United States Constitution
.
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
which, along with section 11 (c)
Section Eleven of the Canadian Charter of Rights and Freedoms
Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...
, specifies rights regarding self-incrimination
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
.
It reads:
Rights against self-incrimination had existed in Canadian law even before the Charter, but these applied to cases in which an individual might incriminate him or herself while giving testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
in another person's trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
. Since the enactment of the Charter, the right has been extended in case law in regard to retrials, to exclude from one's retrial self-incriminating evidence if it had been obtained during cross examination in the last trial.
This section is also similar the Fifth Amendment to the United States Constitution
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
.