Search & Seizure
Section 8 protects against unreasonable searches.
Charter Litigation
Charter Applications Lawyer
in Toronto
The Canadian Charter of Rights and Freedoms protects everyone who is investigated, detained or charged with a criminal offence.
JT Defence Law brings Charter applications in criminal cases involving unlawful searches, arbitrary detention, violations of the right to counsel, unreasonable delay and other state conduct.
Schedule a Confidential ConsultationWhy Charter Rights Matter
When police or the state breach your Charter rights, the court may grant a remedy, which can include excluding evidence or, in rare cases, staying the charges.
Charter issues arise in almost every type of criminal case, from impaired driving stops to drug and firearms searches. Identifying them requires a detailed review of how the investigation unfolded, and litigating them requires careful evidence and legal argument.
Detention
Section 9 protects against arbitrary detention.
Right to Counsel
Section 10(b) guarantees access to a lawyer on arrest or detention.
Trial Within Time
Section 11(b) protects the right to be tried within a reasonable time.
What We Do
Identifying and litigating Charter breaches.
We review every stage of the investigation, from the first interaction with police to the laying of the charge, to identify where your rights may have been infringed.
We prepare the application record, examine officers and other witnesses, and argue for the appropriate remedy under section 24 of the Charter.
Warrant Challenges
Testing the grounds behind search warrants and production orders.
Detention & Arrest
Reviewing the lawfulness of stops and arrests.
Delay Applications
Assessing whether delay exceeds constitutional limits.
Remedies
Seeking exclusion of evidence or other appropriate relief.
Charter rights
Charter issues we litigate
Charter applications are part of our defence work across all types of criminal allegations.
- Unreasonable search and seizure (s. 8)
- Arbitrary detention or imprisonment (s. 9)
- Right to be informed of the reason for arrest (s. 10(a))
- Right to counsel (s. 10(b))
- Unreasonable delay (s. 11(b))
- Exclusion of evidence and other remedies (s. 24)
Our Approach
- 01
Identify the Issues
We review the disclosure for potential breaches of your Charter rights.
- 02
Build the Record
We prepare the application, gather evidence and plan the examination of witnesses.
- 03
Argue the Remedy
We present the application and seek the appropriate remedy for any breach.
Our Goal: If you believe your rights were violated during a police investigation, speak with a lawyer about whether a Charter application may be available.
FAQ’s
Frequently Asked Questions
Clear answers to common questions about Charter rights in criminal cases.
01 Does A Charter Breach Mean My Case Will Be Thrown Out?
Not necessarily. If a breach is found, the court decides what remedy is appropriate. Under section 24(2), evidence is excluded only if admitting it would bring the administration of justice into disrepute, which the court assesses by weighing several factors. A stay of proceedings is reserved for the clearest cases.
02 What Is The Right To Counsel?
When you are arrested or detained, police must tell you promptly that you have the right to speak with a lawyer, give you a reasonable opportunity to do so, and generally hold off questioning you until you have had that opportunity.
03 What Is An 11(b) Delay Application?
Section 11(b) guarantees the right to be tried within a reasonable time. The Supreme Court of Canada has set presumptive ceilings of 18 months for cases in provincial court and 30 months for cases in superior court, subject to certain deductions and exceptions. If delay exceeds those limits, the charges may be stayed.
04 Can I Refuse A Police Search?
In many situations, police need a warrant or a specific legal power to search. Whether you can or should refuse depends on the circumstances. Do not physically resist police. If you believe a search was unlawful, raise it with your lawyer afterward.
05 When Are Charter Applications Brought?
Most Charter applications are brought before or at the start of trial, and courts require advance written notice. Raising issues early in the case is important.
This page provides general information about Ontario criminal law and is not legal advice. Every case depends on its own facts. Speak with a lawyer about your specific situation. Past results do not guarantee a similar outcome.
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JT Defence Law
If you believe your rights were violated during a police investigation, speak with a lawyer about whether a Charter application may be available.
- Search and seizure
- Arbitrary detention
- Right to counsel
- Unreasonable delay
Proudly representing clients across Toronto and Ontario.
