Charter Rights Violations in Criminal Cases

In Canada, the Canadian Charter of Rights and Freedoms (the Charter) is a fundamental legal document that guarantees the rights and freedoms of every individual. When facing criminal charges, violations of your Charter rights can significantly impact the outcome of your case. If law enforcement or the prosecution has infringed upon your rights, it may be possible to have evidence excluded, charges reduced, or even the case dismissed entirely.

Understanding Charter rights violations in criminal cases is crucial for anyone involved in the justice system. This article explores the most common types of Charter violations, the legal remedies available, and how an experienced criminal defence lawyer can help protect your rights.

What Is the Charter of Rights and Freedoms?

The Canadian Charter of Rights and Freedoms, enacted in 1982, is a key part of the Constitution Act and provides essential protections for individuals in Canada. The Charter ensures that government authorities, including law enforcement, do not overstep their legal boundaries and that all citizens are treated fairly under the law.

When these rights are violated during a criminal investigation or trial, a defence lawyer can challenge the legality of police actions and seek to exclude unlawfully obtained evidence or dismiss charges.

Common Charter Rights Violations in Criminal Cases

Charter violations can occur at any stage of a criminal investigation, from the initial police interaction to the trial process. Some of the most common Charter rights violations in criminal cases include:

1. Unlawful Search and Seizure (Section 8)

• What the Charter Says: Section 8 protects individuals from unreasonable search and seizure by law enforcement.
• What Constitutes a Violation?
  • Searching a home, vehicle, or person without a warrant or legal justification.
  • Conducting an unlawful strip search.
  • Using excessive force during a search.
  • Seizing property or evidence without proper legal authority.
• Legal Remedy: A defence lawyer can file a Charter application to have evidence excluded from trial if it was obtained through an unlawful search.

2. Arbitrary Detention or Arrest (Section 9)

• What the Charter Says: Section 9 protects individuals from being arbitrarily detained or imprisoned.
• What Constitutes a Violation?
  • Being detained without reasonable grounds (e.g., being stopped by police without cause).
  • Prolonged detention without justification.
  • Officers holding someone without charging them within a reasonable timeframe.
• Legal Remedy: If a detention was arbitrary, a lawyer can challenge the arrest, leading to possible withdrawal of charges.

3. Right to Legal Counsel (Section 10(b))

• What the Charter Says: Section 10(b) states that upon arrest or detention, individuals must be informed of their right to a lawyer and be given the opportunity to speak with one without delay.
• What Constitutes a Violation?
  • Failing to inform an individual of their right to legal counsel.
  • Preventing or delaying access to a lawyer.
  • Coercing an accused person into speaking without a lawyer present.
• Legal Remedy: If police fail to provide access to legal counsel, a defence lawyer can argue that any statements made should be excluded from trial.

4. Right to Remain Silent and Protection from Self-Incrimination (Section 7 and 11(c))

• What the Charter Says: Section 7 guarantees the right to remain silent, and Section 11(c) protects individuals from being forced to testify against themselves.
• What Constitutes a Violation?
  • Police pressuring or intimidating a suspect into making a confession.
  • Coercive interrogation tactics that lead to false confessions.
  • Using unlawfully obtained confessions as evidence in court.
• Legal Remedy: A defence lawyer can argue that any confession obtained through coercion or intimidation should be inadmissible in court.

5. Unreasonable Delays in Trial (Section 11(b))

• What the Charter Says: Section 11(b) guarantees the right to be tried within a reasonable time.
• What Constitutes a Violation?
  • Significant delays in bringing a case to trial.
  • Delays caused by court backlogs or prosecutorial mismanagement.
  • Cases exceeding the 18-month (summary offences) or 30-month (indictable offences) limit set by the Supreme Court’s R. v. Jordan (2016) decision.
• Legal Remedy: A defence lawyer can file a motion to have the case dismissed or stayed if there has been excessive delay.

6. Police Entrapment (Section 7)

• What the Charter Says: Section 7 protects individuals from abuse of process, including entrapment.
• What Constitutes a Violation?
  • Police encouraging or pressuring someone into committing a crime they would not have committed otherwise.
  • Undercover sting operations that induce criminal activity without reasonable suspicion.
• Legal Remedy: A defence lawyer can argue for a stay of proceedings, meaning the case is dismissed due to entrapment.

Legal Remedies for Charter Rights Violations

If a Charter rights violation is proven, the accused may be entitled to legal remedies under Section 24 of the Charter. These include:

1. Exclusion of Evidence (Section 24(2))

   • If evidence was obtained through an unlawful search, illegal arrest, or coercion, a lawyer can argue that it should be excluded from trial.

2. Stay of Proceedings (Case Dismissal)

   • If the Charter violation is severe, a lawyer may seek a stay of proceedings, effectively dismissing the case.

3. Reduction of Charges

   • If a rights violation is identified, prosecutors may offer a plea deal or reduced charges to avoid a full trial.

4. Civil Lawsuits for Damages

   • Victims of excessive force, wrongful arrest, or malicious prosecution may file a civil lawsuit against the police or government.

Why You Need a Criminal Defence Lawyer for Charter Violations

Fighting a Charter rights violation requires extensive legal knowledge and strategic litigation. A skilled criminal defence lawyer can:

• Identify rights violations that may impact the case.
• File Charter applications to exclude unlawfully obtained evidence.
• Challenge police misconduct and procedural errors.
• Negotiate with the Crown to withdraw or reduce charges.

Why Choose De Boyrie Law for Charter Rights Violations?

At De Boyrie Law, we specialize in defending individuals whose Charter rights have been violated. Our legal team has successfully argued Charter motions, had charges dismissed, and protected clients from wrongful convictions.

We are committed to:

• Fighting unlawful police actions
• Holding law enforcement accountable
• Ensuring fair legal treatment for all clients

Schedule a Free Consultation with De Boyrie Law

If you believe your Charter rights have been violated, contact De Boyrie Law today for a free, confidential consultation. We will review your case, assess your legal options, and develop a strong defence strategy to protect your rights and fight your charges.