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The Charter, Section 7: Life, Liberty, and Security of the Person
Last Updated: August 23 2026
Question: Could a violation of an accused person’s rights lead to dismissal of charges or evidence being excluded in Ontario?
Answer: Yes. In Ontario criminal matters, a court can stay proceedings or exclude evidence when police violations breach Charter protections, especially the right to be free from unreasonable search and seizure; this may reduce or eliminate proof so the case cannot proceed fairly. The remedy depends on how serious the breach was, how the evidence was obtained, and whether excluding it would uphold justice and the long-term integrity of the system. DefendCharges.Lawyer can review your disclosure, identify possible Charter issues like unreasonable search and seizure, and advise on whether you may seek exclusion of evidence or a stay, protecting your liberty interests; call (647) 977-5997 to get a consultation in Ontario.
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?
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 to be protected from unreasonable search and seizure.
Right to Life, Liberty and Security of the Person
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
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 7, known as the Charter of Rights and Freedoms, which states:
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.