Encyclopedia > Section Ten of the Canadian Charter of Rights and Freedoms
10. Everyone has the right to on arrest or detention A) to be informed promptly of the reasons therefor; B) to retain and instruct council without delay and to be informed of that right; and C) to have the validity of the detention determined by way of habeas'corpusand to be released if the detention is not lawful.
Parliament cannot pass laws that infringe on the freedoms set down in the CanadianCharter of Rights and Freedoms, adopted as part of the constitution in 1982.
The charter protects rights of free speech, free expression, and free assembly; guarantees the right to participate in democratic elections and to have a fair and prompt trial; and acknowledges the rights of minority groups.
However, all of the charterrights are “subject to such reasonable limits as can be demonstrably justified in a free and democratic society.” Canada’s judiciary, including the Supreme Court of Canada, determines whether Parliament has overstepped its bounds, in relation to either provincial powers or to charterrights.
SectionTen of the CanadianCharter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus.
As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test and/or the notwithstanding clause.
Section 10 has also been held not only to guarantee the right to see a lawyer, but also a right to be told that one may see a lawyer, a right to legal aid, and a right to be told that one may seek legal aid.
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