CHARTER AND CONSTITUTIONAL RIGHTS FAQ
The information on this website is for information purposes only it is not a substitute for legal advice and the use of information from this website does not create a lawyer-client relationship. If you are facing a criminal charge and believe that your rights were violated during the police investigation you should consult a Toronto Criminal Lawyer immediately.
The Charter of Rights and Freedoms provides every Canadian with prescribed fundamental rights and freedoms. Many of these rights were designed to protect individuals from unlawful state intrusion. In the context of criminal law if the rights of an individual are violated that individual can turn to the court for redress. It is important to note that as Canadians our Charter of Rights can only be invoked when an individual’s rights have been violated by a state actor such as, the police or another government official.
An experienced Toronto Criminal Lawyer can use his knowledge and experience to determine if a constitutional violation has occurred and determine what remedies are available to the accused. Common recourses that are available to an accused where a serious violation has occurred are seeking to have the evidence excluded or seeking a stay of the proceedings.
A stay in the proceedings means the crown attorney is being estopped from continuing with the prosecution.
- Section 7 guarantees that everyone has a right to life, liberty and security of the person.
- Section 8 guarantees everyone must be free from unreasonable search and seizure.
- Section 9 guarantees everyone must be free from arbitrary detention or imprisonment
- Section 10 includes several rights including, but not limited to: right to counsel upon detention.
- Section 11 includes several rights including, but not limited to:
- Right to be informed of the specific offence without any unreasonable delay
- To be tried within a reasonable time
- To be presumed innocent until proven guilty
- Not to be denied reasonable bail without just cause
- If acquitted not to be tried again for the same offence
- If found guilty not to be tried again for the same offence
- Section 12 guarantees that no one should be subject to cruel and unusual punishment
- Section 13 guarantees against self-incrimination
- Section 14 guarantees the right to an interpreter in a court proceeding.
Bobby Vakili is a Toronto Criminal Lawyer that has had great success in securing acquittals for his clients by excluding evidence that was obtained unlawfully by police. Mr. Vakili’s tireless dedication, compassion and passionate advocacy enable him to expose the missteps and constitutional violations made by the police.