In Canada, police investigations are governed by the Canadian Charter of Rights and Freedoms. These constitutional protections exist to ensure fairness, accountability, and respect for individual liberty. When police overstep their legal authority, the consequences can be significant—sometimes even resulting in evidence being excluded or charges being dismissed.
Understanding what happens when police violate your Charter rights can help you appreciate why early legal advice matters.
Common Charter Violations in Criminal Cases
Charter breaches most often arise under the following sections:
- Section 8 – Unreasonable search and seizure
- Section 9 – Arbitrary detention
- Section 10 – Right to counsel and to be informed of the reason for detention or arrest
- Section 7 – Life, liberty, and security of the person
Examples of potential violations include searching a home or phone without proper authority, detaining someone without legal grounds, or failing to provide access to a lawyer promptly after arrest.
Does a Charter Violation Automatically End the Case?
No. A Charter breach does not automatically mean charges are dropped. Instead, the defence may bring a Charter application asking the court to determine whether your rights were violated and, if so, what remedy is appropriate.
The most common remedy sought is the exclusion of evidence under section 24(2) of the Charter.
Exclusion of Evidence Under Section 24(2)
If police obtain evidence through a Charter violation—such as drugs, weapons, or statements—the court must decide whether admitting that evidence would bring the administration of justice into disrepute.
Judges consider three main factors:
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Seriousness of the police conduct
Was the breach accidental, careless, or deliberate? Repeated or intentional violations weigh heavily in favour of exclusion
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Impact on the accused’s Charter-protected interests
Did the breach significantly intrude on privacy, liberty, or dignity? For example, unlawful home searches are treated more seriously than minor technical errors
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Society’s interest in adjudicating the case on its merits
Courts consider how important the evidence is to the prosecution and the seriousness of the offence—but this does not override serious Charter breaches.
If the balance favours exclusion, the evidence cannot be used against you. In some cases, this effectively ends the prosecution.
Other Possible Remedies
While exclusion of evidence is the most common remedy, courts may also:
- Stay proceedings in extreme cases
- Grant sentence reductions
- Issue declarations recognizing the violation
A stay of proceedings is rare and reserved for the most serious misconduct.
Why Charter Issues Are Case-Specific
Charter litigation is highly fact-driven. Small details—timing, wording, officer conduct, or documentation—can determine whether a violation occurred and whether evidence is excluded. This is why Charter arguments often require careful review of disclosure, police notes, and warrant materials.
Why Early Legal Advice Matters
Charter issues are strongest when identified early. Statements made to police, consent searches, and delay in asserting rights can all affect the outcome of a Charter application. A lawyer can assess whether your rights were violated and preserve arguments before they are lost.
If you believe police may have violated your Charter rights, early legal advice is critical. Charter issues are highly fact-specific, and delay can weaken or eliminate important arguments.
If you have been charged or contacted by police, call 587-731-0382 to speak with a lawyer about your situation and protect your rights from the outset.