Last Updated: August 25 2026
Can I get a criminal charge stayed or have evidence excluded in Ontario if my Charter right not to be treated with cruel and unusual treatment or punishment was breached?
Yes, in Ontario a lawyer may seek a stay of proceedings or evidence exclusion when the court finds a Charter breach amounting to cruel and unusual treatment or punishment under Charter of Rights and Freedoms, s. 12, and remedying that breach can protect fair-trial rights and prevent the case from going forward unfairly. At DefendCharges.Lawyer, a criminal defence lawyer can review what happened, identify whether the alleged conduct fits s. 12 type harm, gather the right record for a Charter remedy, and pursue the strongest possible outcome for your case. For confidential guidance, call (647) 977-5997 to book a free half-hour consultation and discuss next steps.
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Can a trial be stayed or evidence excluded if an accused's right to be free from cruel and unusual treatment or punishment has been violated?
A trial may be halted or evidence excluded if the defendant has been subjected to cruel and inhumane treatment or punishment that violates their rights.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
The Charter of Rights and Freedoms is a cornerstone of Canadian law, and it guarantees all Canadians certain fundamental rights and freedoms. One of the most important rights is the protection of accused persons from cruel and unusual treatment or punishment. Under the Charter, accused persons have the right to be treated with dignity and respect. This means that they cannot be subjected to any form of physical or psychological abuse, or to any form of punishment that is considered to be cruel or unusual. This includes torture, degrading or inhuman treatment, or any form of punishment that is disproportionate to the crime committed. The Charter also guarantees accused persons the right to a fair trial. This means that they must be provided with a fair and impartial hearing, and that they must be allowed to present their case in a court of law. They must also be given access to legal representation, and they must be allowed to challenge any evidence or testimony presented against them. The Charter also guarantees accused persons the right to be presumed innocent until proven guilty. This means that they cannot be punished or treated as if they are guilty until and unless they are found guilty in a court of law. Finally, the Charter guarantees accused persons the right to be free from arbitrary detention or imprisonment. This means that they cannot be held in custody without being charged with a crime, and that they cannot be held for an unreasonable length of time without being brought to trial.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right to the right not to be subjected to any cruel and unusual treatment or punishment is mandated within section 12 of the Charter of Rights and Freedoms which reads:
Self-crimination
(12) A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Summary Comment
The Charter is an important document that protects the rights of accused persons. It ensures that they are treated with dignity and respect, and that they are given a fair trial. It also ensures that they are not subjected to any form of cruel and unusual treatment or punishment. Our experienced criminal lawyers can review your case to determine whether you have been improperly or unnecessarily subjected to any cruel or unusual punishment and explain your legal options.
