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Protecting the Accused Weakens Law Enforcement Essay

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CLN4U Argumentative Essay |
Protecting the Accused Weakens Law Enforcement |
Mr. Feldbloom |

Mellissa Ha
5/21/2013
|

The purpose of the Canadian Charter of Rights and Freedoms is meant to outline and guarantee the rights of all Canadian citizens. However, many people believe that in committing a crime, you are forfeiting said rights. This makes sense as when a criminal is disregarding the law, thus disrespecting the government, the government – in order to be fair – should do the same to the criminal. Nevertheless as it stands right now, the Canadian government continues to give several rights to the accused and at many times disregards evidence and acquits the accused if these rights were infringed upon. Law enforcement has become exceedingly difficult due to the Canadian Charter of Rights and Freedoms, specifically in regards to the admissibility of evidence where laws regarding arrests, search & seizures, and interrogations appear to be counterproductive. The Charter protects the rights of the accused excessively, thus unnecessarily restricting police officers’ ability to investigate, wasting time and resources as well as causing the legal system to be ineffective at finding and punishing guilty persons.
The Charter of Rights and Freedoms not only protects citizens’ rights, but literally allows people to get away with murder. Section 8 of the Charter states that “everyone has the right to be secure against unreasonable search or seizure.” (laws-lois.justice.gc.ca) Section 24(2) states that any evidence obtained in a manner that infringed or denied any rights or freedoms in the Charter shall be excluded if admitting it would bring the administration of justice into disrepute. In the case of R. v. Feeney, police entered his home and seized his shirt as well as other items because of the blood they noticed on it upon further examination and questioning. He was later charged with second degree murder, however he appealed this judgment and was...

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