Yes
Last Updated: August 25 2026
Can a Charter breach involving unreasonable search and seizure lead to a stay of proceedings or exclusion of evidence in Ontario criminal court?
Yes. A breach of an accused person’s right under Canadian Charter of Rights and Freedoms, section 8, [no citation] can result in key evidence being excluded and, in serious cases, the case being stayed so the trial cannot proceed fairly. In Ontario, a criminal lawyer can challenge the police search or seizure, argue why the evidence should not be used, and seek the strongest remedy available based on how the warrant or warrantless search was handled. If you think your rights were violated, contact DefendCharges.Lawyer to review the facts and advise on next steps at (647) 977-5997.
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Can a violation of an accused person's right to be protected from unreasonable search and seizure lead to a stay of charges or exclusion of evidence in a trial?
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.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
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
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 8 of the Charter of Rights and Freedoms which reads:
