Yes No Share to Facebook
The Charter, Section 7: Life, Liberty, and Security of the Person
Question: Can a breach of someone's right to life, liberty, and justice lead to dismissal of charges in Canada?
Answer: Yes, if an accused's right to a fair trial or protection against unreasonable search and seizure is violated, charges may be dismissed or evidence excluded, as per the Charter of Rights and Freedoms, The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11. For an evaluation of how your rights may have been affected in a criminal case, consult with DefendCharges.Lawyer for personalized legal guidance.
Could a violation of an accused person's right to life, liberty, and justice result in the dismissal of charges or the exclusion of evidence in a court case?
Yes, it is possible for a charge to be stayed or evidence to be excluded from a trial if there has been a violation of an accused's right to be secure from unreasonable search and seizure.
Right to Life, Liberty and Justice
The Charter of Rights and Freedoms is an important part of the Canadian Constitution. It sets out the fundamental rights and freedoms of all Canadians, including those who have been accused of a crime. Under the Charter, accused persons have the right to life, liberty and justice. This means that they cannot be deprived of life, liberty or security of the person except in accordance with the principles of fundamental justice. This includes the right to be presumed innocent until proven guilty, the right to a fair and public trial, and the right to be informed of the charges against them. The Charter also guarantees the right to be free from unreasonable search or seizure. This means that the police must have a valid reason to search an accused person’s home or vehicle. They must also have a warrant to do so. In addition, the Charter protects the right to be free from cruel and unusual punishment. This means that the punishment imposed on an accused person must be proportionate to the crime they are accused of. It also means that the accused person cannot be subjected to cruel or degrading treatment. Finally, the Charter guarantees the right to counsel. This means that an accused person has the right to be represented by a lawyer of their choice. This right is particularly important in criminal proceedings, as it ensures that the accused person is given a fair chance to defend themselves.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right to life, liberty and security of the person is mandated within section 7 of the Charter of Rights and Freedoms which reads:
Life, liberty and security of person
(7) Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.