The Charter, Section 8: Search and Seizure

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Last Updated: June 12 2026

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Question: Can a criminal charge be stayed or evidence excluded in Ontario if police violated my right against unreasonable search and seizure?

Answer: Yes, a Lawyer at DefendCharges.Lawyer can assess whether a Canadian Charter of Rights and Freedoms section 8 breach occurred and pursue remedies such as excluding evidence or seeking a stay of proceedings, depending on how the search happened and the impact on trial fairness.   For fast, province-wide Ontario help and a clear defence plan, call (647) 977-5997 to discuss your options.

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?

It is possible to have a charge suspended or evidence excluded from a trial if an accused's right to be protected from unreasonable search and seizure has been violated.

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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.