Yes
Last Updated: August 25 2026
Can charges be stayed or evidence excluded in Ontario if police breached my right against unreasonable search and seizure?
Yes. In Ontario, if police breached your Charter right to be secure against unreasonable search or seizure, a criminal defence lawyer can seek a stay of proceedings or an exclusion of improperly obtained evidence at trial (or at a pre-trial voir dire). The court may exclude evidence gathered without a valid warrant or without fitting within a recognized exception, because admitting it could undermine the fairness of the process under Charter of Rights and Freedoms, Canada Act 1982, c 11, s 8, and remedies may be available depending on the seriousness of the breach and its impact on you. If you tell DefendCharges.Lawyer what happened and where the search or seizure took place, they can evaluate the facts and advise next steps; call (647) 977-5997 for a free half-hour consultation so you can protect your rights early.
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Could a violation of an accused individual's Charter protected right to be protected from unreasonable search and seizure lead to the dismissal of charges or the exclusion of evidence in a court case?
Yes, it is possible to have a charge stayed or evidence excluded from a trial if there has been a breach of an accused's right to be secure from unreasonable search and seizure.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
Search and Seizure With Warrant
n Canada, the right against unreasonable search and seizure is a fundamental right that is protected by the Charter of Rights and Freedoms. This right is important for individuals who have been accused of a crime, as it prevents the police from searching and seizing property without a valid warrant. The right against unreasonable search and seizure is based on the principle that an individual’s privacy should be respected and protected. Under the Charter, individuals have the right to be secure against unreasonable search or seizure. This means that the police must have a valid warrant in order to search an individual’s property or person. The warrant must be issued by a judge or justice of the peace and must be based on reasonable grounds.
Search and Seizure Without Warrant
In some cases, the police may be able to search an individual’s property or person without a warrant. For example, if the police have reasonable grounds to believe that an individual is in possession of evidence of a crime, they may be able to search without a warrant. However, this exception is limited and the police must still have reasonable grounds to believe that the search is necessary. If the police search an individual’s property or person without a valid warrant, the individual may be able to challenge the search in court. If the court finds that the search was unreasonable, the evidence obtained from the search may be excluded from the trial. This means that the evidence cannot be used against the accused in court.
The Law
The constitutional right, per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the right to be secure against unreasonable search or seizure is prescribed at section 8 of the Charter of Rights and Freedoms, which states:
