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Given the Charter’s
infancy, there is an ever-increasing body of jurisprudence that develops,
in order to fully understand where the Charter
protects individuals from the overwhelming power of the State. Often the Canadian High Court looks to international
experience for guidance, including American Jurisprudence on similar
issues. Mr. Gosal is
well-equipped for these new challenges on the Canadian criminal frontier,
as he received his Doctor of
Jurisprudence (J.D.) after 3 years of intensive study in the US, of
American jurisprudence and particularly American criminal law and
procedure. In 2003, he will
leave his practice for a short period, in order to complete his Master of
Laws (LL.M.) in Criminal Litigation in New York State, working on a number
of matters, including Comparative Canadian and American perspectives in
Constitutional Criminal Law and Procedure.
Criminal Law
and particularly Charter
Litigation - which touches upon virtually all criminal cases in some way -
is not something to dabble into; rather, it requires relentless pursuit,
study, dedication, and perseverance by the advocate.
Among the rights, subject to certain limits, that may be implicated
in criminal proceedings are:
§7 Right to Life, Liberty, and Security of the Person;
§7 Right to Silence;
§8 Protection against Unreasonable Search & Seizure;
§9 Right against Arbitrary Detention;
S10
Right to Counsel (lawyer);
§11 Speedy Trial Rights (unreasonable Delay);
§11 Right to Reasonable Bail;
§15 Equality Rights;
§24(1) Right to Remedy for Charter Violations; and
§24(2) Suppression Remedy for Charter Violations.
Rest assured
that D. Gosal & Associates has the foundation and legal experience to
deal with Constitutional issues that may affect you case.
United
States:
The United
States Constitution, which incorporates the Bill
of Rights (the first 10 Amendments ratified in December 1791) is the
Supreme Law of the Land, and provides protections to its people, from the
coercive powers of the state by providing, among others, the:
4th Amendment: Protection Against Unreasonable Search and Seizure;
5th Amendment Right Against Self Incrimination;
5th Amendment Right Against Double Jeopardy;
5th Amendment right to Due Process;
6th Amendment Right to Counsel;
6th Amendment Right to Speedy Trial;
6th Amendment Right to Jury in Criminal Cases;
6th Amendment Right of Confrontation;
8th Amendment Right Against Excessive Bail;
14th Amendment to Incorporate part of the Bill of Rights to the Individual States;
14th Amendment: Due Process Clause.
14th Amendment: Equal Protection Clause;
Miranda v. Arizona, 384 U.S. 436 (1966) affirmed by U.S. v.
Dickerson (2000) (7-2 Majority) also provides the following rights:
Right to Silence;
Right to Counsel Prior to Questioning in Custody;
Right to Have your Attorney Present During Questioning;
Right to be Appointed a Lawyer if you Cannot Afford one.
Having the
knowledge to detect and advocate your rights can lead to the exclusion of
evidence at your trial. By
attacking the case from a constitutional perspective, in addition to
traditional analysis, your case may be benefited by possible suppression
of evidence or statements, resulting in increased plea negotiation power,
or even dismissals and in some cases acquittals.
Washington
State:
Washington
State has its own Constitution, separate and apart from the US Federal
Constitution discussed above. This
state constitution often affords people accused of crime with greater
protection and civil liberties than the US Federal Constitution. In the case cited as State
v. Gunwall,106 Wash. 2d 54, 720 P.2d 808
(1986), the Washington State Supreme Court fashioned a framework for lower
courts to use when determining whether such independent state constitution
interpretation is required. Gunwall provides a new standard in many areas of individual
protection, including search and seizure law, and requires the diligent
attention of any advocate. Mr.
Gosal has been exposed to these fine nuances of the Law, during
university, and in the courtroom. Often
it is the small points which may have a marked impact on judicial
determinations in criminal cases.
Not conducting a Constitutional
Analysis on your case may impair your ability to produce a full answer and
defence, and your right to confront the state’s evidence and witnesses.
When you choose a lawyer, it is absolutely imperative to your
defence that your Constitutional rights are guarded. |
