Yes
Last Updated: August 26 2026
Could a breach of my Canadian right against unreasonable search and seizure lead to a dismissal of my criminal charges or exclusion of evidence in Ontario?
Yes, if police breached your right to be secure against unreasonable search and seizure under the Charter of Rights and Freedoms, you may be able to have evidence excluded or ask the court to stay the charge, depending on how serious the breach is and how it affects trial fairness. In practice, Ontario criminal courts can suppress improperly obtained evidence, which can weaken the Crown’s case and sometimes result in a stay, especially where the search or seizure was not authorized or was otherwise unreasonable. A lawyer at DefendCharges.Lawyer can review the search warrant or claimed warrant exception details, assess Charter arguments, and recommend the fastest, most effective next step; call (647) 977-5997 for a free half-hour consultation in Ontario.
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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?
It is possible to have a charge suspended or evidence excluded from a trial if an accused's right to be protected from unreasonable search and seizure has been violated.
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
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:
