Sections 9, 10 and 11 of the Canadian Charter

Document Type

Book Chapter

Publication Date



Arbitrary, Detention, Arrest, Right To Counsel, Psychological Detention, Trial Within A Reasonable Time, Fair And Public Hearing, Bail


Section 9 of the Charter guarantees freedom from arbitrary detention, section 10 provides certain rights on arrest, and section 11 guarantees various rights to those charged with an offence. In this chapter the authors consider the aspects of these rights which have been authoritatively determined, as well as pointing to the areas which remain unsettled and discussing the areas of lingering controversy.