The Charter, Section 8: Search and Seizure

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Last Updated: June 12 2026

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Question: Can an illegal search or seizure under section 8 of the Charter get my criminal charges dismissed or the evidence excluded in Ontario?

Answer: Yes, if police breached your rights against unreasonable search or seizure under Canadian Charter of Rights and Freedoms, s. 8, an Ontario criminal court can exclude the evidence and, in rare cases, stay the charges when the breach is serious and admitting the evidence would undermine justice; DefendCharges.Lawyer is a Lawyer who can review the warrant, grounds, and search details and pursue a Charter remedy to protect your record and freedom across Ontario.   Call (647) 977-5997 to discuss your search-and-seizure issues and next steps right away.

Can a violation of an accused person's right to be protected from unreasonable search and seizure lead to a stay of charges or exclusion of evidence in a trial?

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.

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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

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 8 of the Charter of Rights and Freedoms which reads:

Summary Comment

The right against unreasonable search and seizure is an important right for individuals who have been accused of a crime. It ensures that the police cannot search and seize property without a valid warrant, and it protects the accused’s right to privacy. 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 and have the evidence excluded from the trial. Our experienced criminal lawyers can review your case to determine whether a violation of your right to be secure against unreasonable search and seizure has occurred and explain your legal options.