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The Charter, Section 9: Detention or Imprisonment
Last Updated: July 02 2026
Question: Can a Lawyer help if I was detained or jailed without legal justification in Ontario, and I want to know whether the charges could be dismissed or evidence excluded at trial?
Answer: In Ontario, a Lawyer at DefendCharges.Lawyer can assess whether your detention or imprisonment violated section 9 of the Charter and whether that breach could lead a judge to exclude evidence or stay or dismiss charges (where the police action made the trial unfair). They will review the arrest and detention timeline, request disclosure, and evaluate remedies based on how the Charter breach affected your case’s reliability and overall fairness for people across Ontario; call (647) 977-5997 to book a free 30 minute consultation.
Could a violation of an individual's right to not be unlawfully detained or imprisoned without a valid legal basis lead to the dismissal of charges or the 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.
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 mandated within section 9 of the Charter of Rights and Freedoms which reads: