Charter Cases: Section 11(h): Double Jeopardy

Section 11(h) of the Charter of Rights and Freedoms:

11. Any person charged with an offence has the right …

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;

R. v. Wigglesworth, [1987] 2 SCR 541

In R. v. Wigglesworth, the Appellant was a police officer who had been charged with Royal Canadian Mounted Police Act for choking and slapping a detained person, and later charted under the Criminal Code for common assault towards the same detained individual. He challenged this charge as being double jeopardy, contrary to Section 11(h) of the Charter of Rights and Freedoms. Continue reading

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