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The Charter, Section 7: Life, Liberty, and Security of the Person
Question: Can a breach of an accused's rights under the Charter of Rights and Freedoms influence the outcome of a criminal case?
Answer: Yes, a breach of an accused's rights, such as the right against unreasonable search and seizure outlined in the Charter, can lead to the exclusion of evidence or suspension of charges. If you suspect your rights have been violated, legal counsel such as Success.Legal can help evaluate your case and explore your legal options.
Is it possible to have a charge stayed or evidence excluded from a trial due to a breach on an accused's right to life, liberty and justice?
If an accused's right to be safeguarded from an unreasonable search and seizure has been breached, a criminal charge may be stayed or evidence may be excluded from the trial.
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.