Yes
Last Updated: August 22 2026
Can a breach of my Charter right not to be unlawfully detained or imprisoned lead to dismissal of charges or exclusion of evidence?
Yes, a breach of the Charter right to not be arbitrarily detained or imprisoned can support a stay of proceedings or the exclusion of evidence if the police or state lacked a valid legal basis or the detention was arbitrary, and the court finds the remedy is appropriate. In Canada, this right is protected under section 9 of the Canadian Charter of Rights and Freedoms, and breaches are assessed in context of whether the detention met legal requirements and was reasonably justified. If the evidence was obtained as a result of the unlawful detention or the detention undermined trial fairness, it may be excluded and charges can potentially be stayed. For practical next steps, a defence lawyer at DefendCharges.Lawyer can review what happened, identify Charter issues, and pursue the strongest remedies for your case by calling (647) 977-5997.
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Could a breach of an individual's right to not be unlawfully detained or imprisoned lead to a dismissal of charges or exclusion of evidence in a trial?
If the accused's right to not be arbitrarily detained or imprisoned has been violated, any criminal charges or evidence can be prevented from being used in the trial.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
The Canadian Charter of Rights and Freedoms guarantees the right of all persons not to be arbitrarily detained or imprisoned. This right is enshrined in section 9 of the Charter, which states that “everyone has the right not to be arbitrarily detained or imprisoned.” This right is fundamental to the protection of individual liberty and security of the person in Canada. The right not to be arbitrarily detained or imprisoned is a fundamental freedom that protects individuals from being held in custody without being charged with an offence or without being given a fair trial. This right applies to all persons, regardless of their citizenship or immigration status. It applies to both adults and children, and to all forms of detention, including police custody, pre-trial detention, and detention in a correctional facility.
Right Subject Reasonable Limits
The right not to be arbitrarily detained or imprisoned is a qualified right, meaning that it is subject to reasonable limits. These limits are set out in section 1 of the Charter, which states that the right “may be subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This means that the government may impose reasonable limits on the right not to be arbitrarily detained or imprisoned, as long as these limits are justified in a free and democratic society. The right not to be arbitrarily detained or imprisoned is an important protection for accused persons. It ensures that accused persons are not held in custody without being charged with an offence or without being given a fair trial. It also ensures that accused persons are not subjected to arbitrary detention or imprisonment, which can have serious and long-lasting consequences.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the constitutional right not to be arbitrarily detained or imprisoned is prescribed within section 9 of the Charter of Rights and Freedoms which reads:
