recently i moved to ontario canada and i was just wondering if any fellow canadians could educate me on how personal rights differ from the states. im talking about the right to refuse searches and just in general what the canadian bill of rights protects us against. thanks blades
nice, I recently moved too. But from what I know (applies to mississauga and toronto), the cops dont really care. If its about 3-5 grams they will probably confiscate it from you and tell you to move along. If its like 1-2 grams...they might let you off with just a "warning". You have the right to refuse them from searching your car/house without a warrant. But if you have under 5 g's or so...you should be more worried about them taking it than getting it in trouble. But yeah, they have to have warrants to search you... The whole thing with cops in Mississauga and Toronto is that it isnt decriminalized but even the cops will use marijuana (as I have toked it up with a few cops a couple months ago) so its virtually legal. Towards the whole province of Ontario, I wouldnt know what to tell you...but within Mississauga or Toronto the laws are really lenient.
I believe so, if the cop forgets to give those rights..you can use that against them. But im not too sure about the miranda rights. Im more sure about the right to having a warrant provided upon search. Im a newb to this so I wouldnt be the best person to ask, but from my knowledge...miranda rights should apply in Ontario as well. Edit: just found this on wiki...so might or might not be reliable The Canadian Charter warning reads (varies by police service): "You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?" (See: R. v. Hebert [1990] 2 S.C.R. 151) A more detailed version: "I am arresting you for (charge). It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. There is a 24-hour telephone service available which provides a legal aid duty lawyer who can give you legal advice in private. This advice is given without charge and the lawyer can explain the legal aid plan to you. If you wish to contact a legal aid duty lawyer, I can provide you with a telephone number. Do you understand? Do you want to call a lawyer? You are not obliged to say anything, but anything you do say may be given in evidence."
They must read you your miranda rights however in canada when they ask you if you understand what your being charged with if you dont say anything or disagree they do not have to re-explain and carry on as normal, however in the states you have to understand. That is the primary difference in Canadian and American miranda rights.