Law Society of Ontario (LSO) Paralegal Practice Exam

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What rights does Section 9 of the Charter protect?

  1. Right to freedom of thought

  2. Right to vote

  3. Protection against arbitrary detention or imprisonment

  4. Rights upon arrest

The correct answer is: Protection against arbitrary detention or imprisonment

Section 9 of the Canadian Charter of Rights and Freedoms specifically addresses the protection against arbitrary detention or imprisonment. This provision emphasizes that everyone has the right to be free from unlawful confinement, which is fundamental to ensuring individual liberty and personal security. It safeguards individuals against being detained without just cause, ensuring that any deprivation of liberty must be supported by legal grounds and due process. The focus of Section 9 is particularly significant in the context of protecting individuals from potential abuses of power by law enforcement and the state. It reinforces the idea that the state must respect personal freedom and uphold the rule of law, reflecting the values of justice and democratic governance. In contrast, other rights mentioned in the question, such as the right to freedom of thought, the right to vote, and rights upon arrest, are protected by different sections of the Charter. Therefore, Section 9 is notably relevant for its specific protection against arbitrary actions that can compromise an individual’s ability to move freely and without unlawful restraint.