Not every arrest is lawful—and not every search is fair. When police overstep, Charter challenges can be used to exclude evidence or dismiss charges entirely.
Canada’s Charter of Rights and Freedoms protects individuals from unlawful search, detention, and interrogation—but these rights are often violated during the course of an investigation. We identify breaches like illegal traffic stops, warrantless home entries, prolonged detention without counsel, or invasive searches that don’t meet legal standards. By bringing targeted Charter applications, we work to suppress evidence obtained through unconstitutional means. These challenges can weaken or destroy the Crown’s case, often leading to withdrawal of charges or full acquittal. In criminal law, a rights violation isn’t just a mistake—it’s a strategic opportunity.
Popular questions
What is a Charter challenge?
What rights are protected under the Charter?
The Charter protects rights such as freedom from unreasonable search and seizure, the right to remain silent, the right to a lawyer, and the right to be tried within a reasonable time.
Can a Charter breach get my charges dropped?
How do you prove a Charter violation occurred?
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Our team will answer your questions and talk you through potential next steps.