and probable grounds only": Although the association recognized that Section 7 of the draft Charter, which provided that no one can be deprived of his or her liberty "except in accordance with the principles of fundamental justice" may cover arrest, the association argued that Section 9 of the draft Charter should "include an unambiguous statement that no citizen can be arrested except on reasonable and probable grounds." The association's concern was that without this addition, powers of arrest would rely on judicial interpretation of Section 7 alone, which may lead to different results. "The right to remain silent": The association was concerned with the absence of an explicit right of silence in Section 10 (rights of a person upon detention or arrest), Section 11 (rights of a person upon being charged with an offence), or Section 13 (right against self-incrimination for a compelled witness) and argued for its inclusion. The association stated that a right to silence is a cornerstone of a criminal justice system in a society that truly respects the dignity and integrity of citizens: "in order to maintain a fair balance when the might of the state is focused on prosecuting a single individual, the justice system in democratic societies has demanded that the government seeking to punish the individual must produce the evidence against him by its own independent labours, rather than by the simpler, and often cruel expedient of compelling it from his own mouth." "The right to counsel": The association argued that Section 10's wording was ambiguous and should be clarified to explicitly recognize a right to counsel for anyone detained or arrested, regardless of whether or not that person has money available to "retain" such counsel. "The exclusionary rule": The association argued against Section 26 of the draft Charter that stated "[no] provision of this Charter [except for Section 13] affects the laws respecting the admissibility of evidence in any proceedings or the authority of Parliament of a legislature to make laws in relation thereto." The association argued that rights dealing with search and seizure, the right to silence and right to counsel were not fully meaningful unless the Charter contained a provision to exclude illegally obtained evidence: "prosecutions and convictions for illegal acts should not rest on grounds which are themselves tainted by illegality." "Right to a fair hearing": The association pointed out the absence in the draft Charter of "the right