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The Charter, Section 9: Detention or Imprisonment
Last Updated: July 03 2026
Question: Can a violation of the right not to be unlawfully detained or imprisoned under Ontario and the Canadian Charter lead to dismissal of charges or exclusion of evidence in my criminal trial?
Answer: If DefendCharges.Lawyer believes police unlawfully detained or imprisoned you without a valid legal basis, a criminal defence lawyer can seek a stay of proceedings or an order excluding evidence based on Charter protections, most commonly the right in Canadian Charter of Rights and Freedoms, s. 9, and the court’s broader ability to remedy Charter breaches to protect trial fairness and the rule of law. The specific remedy depends on the facts, the timing of the detention, and how the breach affected the evidence or the integrity of the process, so it’s important to review disclosure and the detention timeline early. If you’re facing charges in Ontario, contact DefendCharges.Lawyer at (647) 977-5997 for a fast, confidential consultation to assess your options and build the strongest Charter remedy argument possible.
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?
A criminal charge or evidence can be stayed or excluded from a trial if the accused's right to not be arbitrarily detained or imprisoned has been breached.
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 mandated within section 9 of the Charter of Rights and Freedoms which reads: