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The Charter, Section 7: Life, Liberty, and Security of the Person
Last Updated: July 10 2026
Question: Can DefendCharges.Lawyer help if the police violated my Charter right against unreasonable search and seizure, and could that lead to the dismissal of charges or exclusion of evidence in my Ontario criminal case?
Answer: A violation of a Charter right in a criminal investigation can sometimes result in a stay of proceedings or the exclusion of evidence, especially where police breached the right to be free from unreasonable search and seizure, because courts can prevent the trial from going ahead or limit what the prosecution can use when the breach undermines trial fairness and constitutional protections. DefendCharges.Lawyer is a criminal lawyer serving clients across Ontario and can review what happened in your arrest or search, assess whether evidence should be excluded or charges should be stayed, and explain practical next steps for building your defence. If you are facing criminal charges, call (647) 977-5997 for a consultation so you can protect your rights early.
Can a violation of an accused person's right to life, liberty, and justice result in a stay of charges or exclusion of evidence in a trial?
Yes, it is possible for a charge to be stayed or evidence to be excluded from a trial if there has been a violation of an accused's right to be secure from unreasonable search and seizure.
Right to Life, Liberty and Security of the Person
The Charter of Rights and Freedoms is an important part of the Canadian Constitution. It sets out the fundamental rights and freedoms of all Canadians, including those who have been accused of a crime. Under the Charter, accused persons have the right to life, liberty and justice. This means that they cannot be deprived of life, liberty or security of the person except in accordance with the principles of fundamental justice. This includes the right to be presumed innocent until proven guilty, the right to a fair and public trial, and the right to be informed of the charges against them. The Charter also guarantees the right to be free from unreasonable search or seizure. This means that the police must have a valid reason to search an accused person’s home or vehicle. They must also have a warrant to do so. In addition, the Charter protects the right to be free from cruel and unusual punishment. This means that the punishment imposed on an accused person must be proportionate to the crime they are accused of. It also means that the accused person cannot be subjected to cruel or degrading treatment. Finally, the Charter guarantees the right to counsel. This means that an accused person has the right to be represented by a lawyer of their choice. This right is particularly important in criminal proceedings, as it ensures that the accused person is given a fair chance to defend themselves.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right to life, liberty and security of the person is mandated within section 7 of the Charter of Rights and Freedoms which reads:
Life, liberty and security of person
(7) Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
