Charter Violations May Result in the Exclusion of Evidence and a Stay of Proceedings

Question: Can a defendant's case be dismissed if their Charter rights are infringed upon?

Answer: Yes, if a defendant's rights under the Canadian Charter of Rights and Freedoms are violated, their case could be stayed or evidence excluded. This ensures justice is upheld and Charter rights are respected. For tailored legal advice on how this might apply to your case, contact DefendCharges.Lawyer at (647) 977-5997.

Can a defendant have their charge dropped or evidence excluded if their charter rights were violated?

It is possible that a charge could be stayed or evidence excluded if someone's legal rights have been violated.

A Helpful Guide to Understanding the Legal Rights and Possible Remedies Available to Accused Persons Under the Canadian Charter of Rights and Freedoms

 The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms ("the Charter") is a cornerstone of Canadian society, providing citizens with various legal rights such as the right to be free from unreasonable search and seizure, the right to be secure against self incrimination and the right to be tried within a reasonable time, among others. These legal rights are found in section 7 though 14 of the Charter. In criminal proceedings, the Charter also provides protection for accused persons to ensure that evidence is obtained in a manner that respects the rights of the accused. In some cases, evidence may be excluded from a criminal case, resulting in a stay of proceedings.

Unreasonable Search and Seizure

One of the most common scenarios in which a stay of proceedings may be granted is when the court finds that the accused's right to be secure against unreasonable search or seizure was violated. This means that the police must have reasonable grounds to believe that the accused has committed a crime before they can search them or their property. If the court finds that the police did not have reasonable grounds to search the accused, then any evidence obtained from the search may be excluded from the case and a stay of proceedings may be granted.

Self-Incrimination

Another common scenario in which a stay of proceedings may be granted is when the court finds that the accused's right to be secure against self-incrimination was violated. This means that the police must inform the accused of their right to remain silent and their right to speak to a lawyer before questioning them. If the Court finds that the police did not inform the accused of their rights, then any evidence obtained from the questioning may be excluded from the case and a stay of proceedings may be granted. 

Right To Be Tried Within A Reasonable Time 

A stay of proceedings may also be granted if the Court finds that the accused's right to be tried within a reasonable time was violated. This means that the accused must be brought to trial within a reasonable period of time. If the court finds that the delay in bringing the accused to trial was unreasonable, then any evidence obtained after the delay may be excluded from the case and a stay of proceedings may be granted.

Stay of Proceedings

A stay of proceedings is an order by the Court to cease criminal proceedings against an accused person. It is a remedy that is used when the Court finds that the accused right to a fair trial has been violated by a breach of one or more of the accused person’s Charter protected rights. Any person who believes their legal rights have been denied or infringed is entitled under section 24(1) of the Charter to apply to a Court of competent jurisdiction to obtain a remedy in the form of a stay of proceedings or such other remedy the Court deems just. In addition, an accused is also entitled to apply for the exclusion of evidence in circumstances where admission of such evidence would bring the administration of jusitce into disrepute.

Summary Comment

In conclusion, the Charter provides protection to the accused to ensure that their rights are respected during criminal proceedings. In some cases, evidence may be excluded from a criminal case resulting in a stay of proceedings. This is an important remedy that helps ensure that the accused received a fair trial which may also allow for the exclusion of evidence where necessary to avoid bringing the administration of justice into disrepute.