Last Updated: August 22 2026
Can a defendant have their charge dropped or evidence excluded if their Charter rights were violated?
Yes, where an accused’s rights under the Canadian Charter of Rights and Freedoms were breached, a criminal court may exclude tainted evidence and, in some cases, order a stay of proceedings, especially for issues like unreasonable search and seizure, improper handling of self-incrimination, or unreasonable delay. If the court finds the admission of evidence would bring the administration of justice into disrepute, it can exclude that evidence even if it is otherwise relevant. In Ontario, a lawyer at DefendCharges.Lawyer can quickly assess what happened, identify the strongest Charter remedy (exclusion or stay), and argue for dismissal or evidence suppression where warranted. Call (647) 977-5997 for a free 1/2 hour consultation and get clear next steps for your defence.
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Is it possible for an accused to have their charge stayed or evidence excluded due to a violation of their charter rights?
Yes, in certain situations, it is conceivable that a charge could be suspended or evidence excluded if an individual's legal rights have been infringed upon.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
A Helpful Guide to Understanding the Legal Rights and Possible Remedies Available to Accused Persons Under the Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms ("the Charter") is a cornerstone of Canadian society, providing citizens with various legal rights such as the right to be free from unreasonable search and seizure, the right to be secure against self incrimination and the right to be tried within a reasonable time, among others. These legal rights are found in section 7 though 14 of the Charter. In criminal proceedings, the Charter also provides protection for accused persons to ensure that evidence is obtained in a manner that respects the rights of the accused. In some cases, evidence may be excluded from a criminal case, resulting in a stay of proceedings.
Unreasonable Search and Seizure
One of the most common scenarios in which a stay of proceedings may be granted is when the court finds that the accused's right to be secure against unreasonable search or seizure was violated. This means that the police must have reasonable grounds to believe that the accused has committed a crime before they can search them or their property. If the court finds that the police did not have reasonable grounds to search the accused, then any evidence obtained from the search may be excluded from the case and a stay of proceedings may be granted.
Self-Incrimination
Another common scenario in which a stay of proceedings may be granted is when the court finds that the accused's right to be secure against self-incrimination was violated. This means that the police must inform the accused of their right to remain silent and their right to speak to a lawyer before questioning them. If the Court finds that the police did not inform the accused of their rights, then any evidence obtained from the questioning may be excluded from the case and a stay of proceedings may be granted.
Right To Be Tried Within A Reasonable Time
A stay of proceedings may also be granted if the Court finds that the accused's right to be tried within a reasonable time was violated. This means that the accused must be brought to trial within a reasonable period of time. If the court finds that the delay in bringing the accused to trial was unreasonable, then any evidence obtained after the delay may be excluded from the case and a stay of proceedings may be granted.
Stay of Proceedings
A stay of proceedings is an order by the Court to cease criminal proceedings against an accused person. It is a remedy that is used when the Court finds that the accused right to a fair trial has been violated by a breach of one or more of the accused person’s Charter protected rights. Any person who believes their legal rights have been denied or infringed is entitled under section 24(1) of the Charter to apply to a Court of competent jurisdiction to obtain a remedy in the form of a stay of proceedings or such other remedy the Court deems just. In addition, an accused is also entitled to apply for the exclusion of evidence in circumstances where admission of such evidence would bring the administration of jusitce into disrepute.
Summary Comment
In conclusion, the Charter provides protection to the accused to ensure that their rights are respected during criminal proceedings. In some cases, evidence may be excluded from a criminal case resulting in a stay of proceedings. This is an important remedy that helps ensure that the accused received a fair trial which may also allow for the exclusion of evidence where necessary to avoid bringing the administration of justice into disrepute.
