Canadian Charter of Rights and Freedoms

You have rights and resorts. Be aware of the Canadian Charter of Rights and Freedoms for your criminal case.

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The Canadian Charter of Rights and Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. As an example, for anything involving criminal or penal law, the Charter specifies the rights allowed to anyone charged of an infraction ( "Legal Rights", section 7 to 14).

Generally speaking, any person in Canada, whether a Canadian citizen, a permanent resident or a newcomer, has the rights and freedoms contained in the Charter. There are some exceptions. For example, the Charter gives some rights only to Canadian citizens (the right to vote).

The Charter provides for three kinds of actions to persons whose rights have been denied. These actions are referred to as legal remedies. First of all, it says that a person can ask a court for a remedy that is “appropriate and just in the circumstances.” For instance, a court may stop proceedings against a person charged with an offence, if his or her right to a trial within a reasonable time (section 11b) has been denied.

A second remedy is available when persons carrying out investigations for the government (i.e.: police officers) violate an individual's Charter rights. This may happen, for example, when those persons try to obtain some « self-incriminating » evidence (breath test, statement) against an accused when he was not able to speak to a lawyer (section 10b). In this situation, the person can ask a court to order that the evidence not be used against him in a trial. A court will make an order like this if it is clear that, using such evidence at trial, would “bring the administration of justice into disrepute” (section 24).

Finally, if a court finds that a law violates Charter rights, it can rule that the law has no force.