Is s. 11 of the Charter directed towards criminal sanctions or quasi-crimes?

Alberta, Canada


The following excerpt is from Bulmer v. Alberta (Solicitor General), 1987 CanLII 3318 (AB QB):

In reaching his conclusions, Stevenson J.A. considered the general applicability of s. 11 of the Charter and stated as follows at p. 6 [pp. 734-35 D.L.R.]: The whole of s. 11 relating, as it does, to such matters as the presumption of innocence, bail, and the jury trial, is directed towards proceedings of a criminal or quasi-criminal nature. I accept, in general, the views of Monnin C.J.M. in Law Society of Manitoba v. Savino, and Toy J. in Mingo that the Charter provisions are directed to crimes or quasi-crimes. The same conclusion is reached by Huband J.A. in Law Society of Manitoba v. Savino when he describes s. 11 as being directed towards proceedings in which criminal sanctions are to be imposed.

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