The Canadian Charter of Rights and Freedoms guarantees certain rights and freedoms for all individuals in Canada. The passage of this law is fairly recent as it was only enacted in 1982 and gave rise to the most profound change to the criminal justice system in Canada. It is important to note that these rights are guaranteed against government action only.

Significance of the Charter in Criminal Law

1. Protecting Individual Rights:

• • • The Charter plays a crucial role in safeguarding the rights of individuals accused of criminal offences. It ensures that legal processes are fair, just, and respectful of fundamental rights.

2. Limiting Government Power:

• • • The Charter acts as a check on the power of the government and law enforcement authorities. It prevents arbitrary actions and ensures that government actions are subject to legal scrutiny.

3. Exclusion of Evidence:

• • • If evidence is obtained in violation of Charter rights, the court may exclude it under Section 24(2) if its admission would bring the administration of justice into disrepute. This principle is vital in protecting the rights of the accused and maintaining the integrity of the legal system.

4. Remedies for Charter Violations:

• • • Under Section 24(1), individuals whose Charter rights have been violated can seek remedies from the court. This may include remedies such as declarations, injunctions, or damages.

As a criminal lawyer, it is imperative to have a deep understanding of the Charter of Rights and Freedoms as this law is a powerful tool that criminal lawyers often use to exclude evidence, demand a stay of proceedings, and dismiss criminal charges against an accused person. A seasoned lawyer with the knowledge, experience and expertise to challenge police and crown attorney conduct is critical to ensure the best possible outcome in your case.

Our Criminal Lawyers have successfully argued to exclude evidence, demand a stay of proceedings and dismiss criminal charges on behalf of many clients by arguing that a client’s particular right under the Charter of Rights and Freedoms was infringed and violated by the police.

To learn more about your rights under the Charter of Rights and Freedom please visit our FAQ page.

To reach an experienced Toronto Criminal Lawyer with a high rate of success arguing Charter motions contact us immediately at 647-352-BAIL (2245).