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The Charter, Section 13: Self-Crimination
Last Updated: August 23 2026
Question: Can a criminal charge be stayed or evidence excluded in Ontario if police violated my right to remain silent?
Answer: Yes. In Ontario, a criminal charge may be stayed or evidence may be excluded when an accused’s right to remain silent is violated, because forcing incriminating answers can breach the Charter protection against self-incrimination and affect trial fairness. A criminal lawyer can review what was said, when it was said, and how police evidence was obtained to determine whether there was a Charter infringement and what remedies may apply under the Criminal Code and the Charter of Rights and Freedoms, section 13 (including exclusion of statements and related evidence). For fast next steps with an Ontario lawyer who focuses on getting results, contact DefendCharges.Lawyer at (647) 977-5997 for a consultation.
It is possible for a criminal charge to be dropped or evidence to be inadmissible in court if a defendant's right to remain silent is infringed upon?
Yes, a criminal charge may be stayed or evidence excluded from criminal proceedings if an accused's right to remain silent is violated.
The Canadian Charter of Rights and Freedoms guarantees the right of an accused person to remain silent during a criminal trial. This right is commonly known as the right against self-incrimination. It is a fundamental right that is protected by the Charter and is essential for a fair and just trial. The right against self-incrimination is based on the principle that an accused person should not be forced to incriminate themselves. This means that the accused cannot be compelled to answer questions or provide evidence against themselves in a criminal trial. This right is also known as the right to silence. The right against self-incrimination is a fundamental right that is protected by the Charter.
Right to Remain Silent
This right is often misunderstood by the public, who may think that an accused person is required to answer questions or provide evidence against themselves in a criminal trial. This is not the case. The accused person has the right to remain silent and cannot be compelled to answer questions or provide evidence against themselves. The right against self-incrimination is an important protection for an accused person. It ensures that the accused person is not forced to incriminate themselves and that their rights are respected. This right is essential for a fair and just trial. The right against self-incrimination is not absolute. In certain circumstances, the accused person may be compelled to answer questions or provide evidence against themselves. For example, in a criminal trial, the accused person may be required to testify if they are the only witness to a crime. In these cases, the accused person must be informed of their right to remain silent and the court must consider any potential prejudice to the accused before allowing them to testify.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right not to have any incriminating evidence given as a witness used against a person, with the exception of perjury, is mandated within section 13 of the Charter of Rights and Freedoms which reads:
Self-crimination
(13) A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.