What Is a Charter Rights Violation and How Can It Help Your Case?

When facing criminal charges in Canada, your rights under the Canadian Charter of Rights and Freedoms play a crucial role in protecting you from abuses of power by law enforcement and ensuring a fair trial. If your Charter rights are violated during your arrest, investigation, or court proceedings, it can have a significant impact on the outcome of your case. In some instances, evidence obtained unlawfully may be excluded, or charges could be dismissed entirely.

In this blog post, we’ll explore what a Charter rights violation is, how it can affect your case, and what steps your lawyer may take to challenge these violations in court.

What Is the Canadian Charter of Rights and Freedoms?

The Canadian Charter of Rights and Freedoms, commonly referred to as the Charter, is part of Canada's Constitution. It guarantees fundamental rights and freedoms to all individuals in Canada, including those accused of crimes. Some of the key sections that protect individuals in criminal cases include:

• Section 7: The right to life, liberty, and security of the person.

• Section 8: The right to be secure against unreasonable search or seizure.

• Section 9: The right not to be arbitrarily detained or imprisoned.

• Section 10: The right to be informed of the reason for arrest and the right to counsel.

• Section 11: The right to a fair trial and the presumption of innocence.

• Section 12: The right not to be subjected to cruel and unusual punishment.

  
  

If the police or Crown prosecutor violates these rights during the investigation or prosecution of your case, you may have grounds to challenge the evidence or even seek to have the charges dismissed.

Common Charter Rights Violations in Criminal Cases

There are several ways in which your Charter rights can be violated during a criminal investigation or trial. Some of the most common violations include:

1. Unlawful Search and Seizure (Section 8)

Under Section 8 of the Charter, you are protected against unreasonable search and seizure by law enforcement. Police must have reasonable grounds and often require a search warrant to search your property, vehicle, or person.

• Example: If police search your home without a warrant or probable cause, this could be a violation of your Section 8 rights.

If a search was conducted unlawfully, any evidence obtained during the search (such as drugs, weapons, or stolen property) may be excluded from your trial.

2. Arbitrary Detention or Arrest (Section 9)

Section 9 protects you from arbitrary detention or imprisonment. Police cannot randomly stop or detain you without legal justification. They must have reasonable grounds to suspect that you are involved in criminal activity.

• Example: If the police detain you without explaining the reason for your arrest or without evidence of wrongdoing, this could be a Charter violation.

If your detention or arrest was unlawful, any statements or evidence obtained during this period may be challenged in court.

3. Right to Counsel (Section 10)

Section 10 of the Charter guarantees your right to be informed of the reason for your arrest and your right to consult a lawyer without delay. If police fail to inform you of these rights or deny you access to a lawyer, this may violate your rights under Section 10.

• Example: If police arrest you and question you without allowing you to speak to a lawyer first, your Section 10 rights may have been violated.

Any statements or confessions made during this period may be excluded from trial if obtained in violation of your right to counsel.

4. Unreasonable Delay (Section 11(b))

Under Section 11(b), you have the right to be tried within a reasonable time. If your trial is significantly delayed, this can violate your right to a fair and timely trial. Delays can occur due to administrative issues, unavailability of court dates, or other factors beyond your control.

• Example: If your case drags on for years without a clear reason, your right to a timely trial may be breached.

In such cases, you can apply to have the charges stayed (dropped) due to unreasonable delay.

5. Cruel and Unusual Treatment or Punishment (Section 12)

Section 12 of the Charter protects individuals from being subjected to cruel or unusual treatment or punishment, such as excessive bail or an unduly harsh sentence.

• Example: If you are sentenced to an unreasonably long prison term for a minor offence, your Section 12 rights may have been violated.

  
  

How a Charter Rights Violation Can Help Your Case

If your Charter rights have been violated, it can greatly benefit your defence. A Charter challenge could result in key evidence being excluded from trial or, in some cases, lead to the dismissal of charges altogether. Here's how:

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

Under Section 24(2) of the Charter, if evidence was obtained in a way that infringed on your rights, the court may exclude that evidence if its admission would bring the administration of justice into disrepute.

• Example: If the police conducted an unlawful search of your home and found incriminating evidence (e.g., drugs, weapons), your lawyer can argue that the evidence should be excluded because it was obtained in violation of your Charter rights.

If key evidence is excluded, the Crown may be unable to prove its case, leading to a not-guilty verdict or a withdrawal of the charges.

2. Stay of Proceedings

In extreme cases, where there has been a severe violation of your rights (such as unreasonable delay or arbitrary detention), the court may issue a stay of proceedings, effectively stopping the trial and dismissing the charges.

• Example: If your trial has been delayed for an unreasonable amount of time (for instance, more than 30 months for a superior court trial), your lawyer may file a Jordan application, which could lead to the charges being stayed.

  
  

3. Improved Plea Negotiations

Even if a Charter violation does not result in evidence being excluded or charges being dismissed, it can strengthen your bargaining position. Your lawyer may be able to use the violation as leverage to negotiate a more favourable plea deal, such as reduced charges or a lighter sentence.

How to Challenge a Charter Rights Violation

If you believe your Charter rights were violated, your criminal defence lawyer can file a Charter application in court. This involves submitting evidence of the violation and arguing why the court should exclude certain evidence or dismiss the charges.

Key steps your lawyer may take include:

• Reviewing the evidence: Your lawyer will thoroughly review the police reports, witness statements, and any other evidence to identify potential Charter violations.

• Filing pre-trial motions: If a Charter violation is identified, your lawyer will file a pre-trial motion to have the evidence excluded or the charges stayed.

• Arguing the case in court: During the pre-trial hearing or trial, your lawyer will present arguments and evidence showing how your Charter rights were violated.

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Conclusion

The Canadian Charter of Rights and Freedoms serves as a powerful safeguard against abuses of power and ensures fairness in the criminal justice process. If your Charter rights are violated during your arrest, detention, or trial, it can significantly impact your case, potentially leading to evidence being excluded or charges being dropped.

If you believe your rights have been violated, it’s critical to consult with a knowledgeable criminal defence lawyer who can identify the violation and take appropriate legal action to defend your case. Charter challenges are complex, but they can be a vital tool in protecting your rights and achieving the best possible outcome in your case.

If you’re facing criminal charges and believe your Charter rights have been infringed, contact a criminal defence lawyer in your area for expert legal advice.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.