Last Updated: August 22 2026
Can a judge stay my charge or exclude evidence if police breached my right to life, liberty and justice?
Yes, a charge can sometimes be stayed or evidence excluded when police violations breach Charter protections linked to life, liberty and security of the person, including the right to be free from unreasonable search and seizure under Charter of Rights and Freedoms, RSC 1985, c F-26 (s 7 and s 8). In practice, the court looks at whether your Charter rights were infringed and whether excluding the evidence or halting the case is the fair remedy. DefendCharges.Lawyer can review the facts, identify Charter grounds for a stay or exclusion motion, and help you plan next steps for your criminal matter. Call (647) 977-5997 for a free half-hour consultation to discuss your options quickly and avoid delays.
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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?
Yes, it is possible to have a charge stayed or evidence excluded from a trial due to a breach on an accused's right to be secure from unreasonable search and seizure?
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
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
The constitutional right, per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the right to be secure against unreasonable search or seizure is prescribed at section 7, known as the Charter of Rights and Freedoms, which states:
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.
