The Charter, Section 8: Search and Seizure

Question: Can a breach of an accused's Charter right to protection from unreasonable search and seizure affect a court case?

Answer: Yes, if an accused's Charter rights are violated, such as through an unreasonable search and seizure, it can lead to charges being dismissed or evidence being excluded in court. Charter of Rights and Freedoms, The Constitution Act, 1982 safeguards this right, ensuring that any unauthorized search without a warrant is challengeable. This protection underscores the importance of privacy and legal rights in judicial processes. For personalized guidance on your case, explore options with knowledgeable legal professionals today.

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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 be secure from unreasonable search and seizure?

If an accused's right to be protected from unreasonable search and seizure has been breached, it may be possible to have any charges dismissed or evidence excluded from the trial.

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Search and Seizure With Warrant

n Canada, the right against unreasonable search and seizure is a fundamental right that is protected by the Charter of Rights and Freedoms. This right is important for individuals who have been accused of a crime, as it prevents the police from searching and seizing property without a valid warrant. The right against unreasonable search and seizure is based on the principle that an individual’s privacy should be respected and protected. Under the Charter, individuals have the right to be secure against unreasonable search or seizure. This means that the police must have a valid warrant in order to search an individual’s property or person. The warrant must be issued by a judge or justice of the peace and must be based on reasonable grounds.

Search and Seizure Without Warrant

In some cases, the police may be able to search an individual’s property or person without a warrant. For example, if the police have reasonable grounds to believe that an individual is in possession of evidence of a crime, they may be able to search without a warrant. However, this exception is limited and the police must still have reasonable grounds to believe that the search is necessary. If the police search an individual’s property or person without a valid warrant, the individual may be able to challenge the search in court. If the court finds that the search was unreasonable, the evidence obtained from the search may be excluded from the trial. This means that the evidence cannot be used against the accused in court.

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 8 of the Charter of Rights and Freedoms, which states:

Summary Comment

The right against unreasonable search and seizure is an important right for individuals who have been accused of a crime. It ensures that the police cannot search and seize property without a valid warrant, and it protects the accused’s right to privacy. If the police search an individual’s property or person without a valid warrant, the individual may be able to challenge the search in court and have the evidence excluded from the trial. Our experienced criminal lawyers can review your case to determine whether a violation of your right to be secure against unreasonable search and seizure has occurred and explain your legal options.