Yes
Last Updated: August 22 2026
If the police or the courts held me in custody without legal justification, can that lead to dismissal of charges or exclusion of evidence in Ontario?
Yes. If DefendCharges.Lawyer can show that your Charter right not to be arbitrarily detained or imprisoned was violated, the court may stay the proceedings or exclude evidence obtained as a result, because evidence and prosecutions cannot benefit from serious Charter breaches. In Canada, this protection is guaranteed by section 9 of the Canadian Charter of Rights and Freedoms, and it is a qualified right that can still be limited only where the limit is demonstrably justified under section 1 of the Charter. If you are facing criminal charges after an unlawful detention or custody issue, contact DefendCharges.Lawyer at (647) 977-5997 to discuss your situation and possible remedies in Ontario court.
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Could a violation of an individual's right to not be unlawfully detained or imprisoned without a valid legal basis lead to the dismissal of charges or the exclusion of evidence in a trial?
It is possible for a criminal charge to be stayed or evidence to be excluded from a trial if there has been a violation of an accused's right not to be arbitrarily detained or imprisoned .
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
The Canadian Charter of Rights and Freedoms guarantees the right of all persons not to be arbitrarily detained or imprisoned. This right is enshrined in section 9 of the Charter, which states that “everyone has the right not to be arbitrarily detained or imprisoned.” This right is fundamental to the protection of individual liberty and security of the person in Canada. The right not to be arbitrarily detained or imprisoned is a fundamental freedom that protects individuals from being held in custody without being charged with an offence or without being given a fair trial. This right applies to all persons, regardless of their citizenship or immigration status. It applies to both adults and children, and to all forms of detention, including police custody, pre-trial detention, and detention in a correctional facility.
Right Subject Reasonable Limits
The right not to be arbitrarily detained or imprisoned is a qualified right, meaning that it is subject to reasonable limits. These limits are set out in section 1 of the Charter, which states that the right “may be subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This means that the government may impose reasonable limits on the right not to be arbitrarily detained or imprisoned, as long as these limits are justified in a free and democratic society. The right not to be arbitrarily detained or imprisoned is an important protection for accused persons. It ensures that accused persons are not held in custody without being charged with an offence or without being given a fair trial. It also ensures that accused persons are not subjected to arbitrary detention or imprisonment, which can have serious and long-lasting consequences.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the constitutional right not to be arbitrarily detained or imprisoned is prescribed within section 9 of the Charter of Rights and Freedoms which reads:
