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Tag: abuse of process

RIGHT TO REMAIN SILENT:”…whatever you say may be given in evidence against you at your trial…”

In Criminal Charges, Charter Jurisdiction is a very important point to keep in mind during preliminary inquiries, because a justice conducting a preliminary hearing is not “a court of competent jurisdiction” under the Canadian Charter of Rights and Freedoms (Charter), and has no power to grant remedies for Charter breaches. Those provisions also exclude power to make evidentiary rulings based on Charter violations.

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