Canadian Charter of Rights & Freedoms


Life, Liberty & Security of Person Section 7


  • Fundamental Justice
  • Requirement of Mens Rea
  • Full Answer and Defence
  • Right to Disclosure
  • Lost Evidence
  • Abuse of Process
  • Right to Silence
  • Right Against Self Incrimination

Unreasonable Search and Seizure Section 8


  • Search Incident to Arrest
  • Search Without Warrant
  • Investigative Detention
  • Consent Searches
  • Breath Demand Searches

Arrest or Detention Section 10(a)

  • Right to Counsel Section 10(b)
  • Right to be Tried within a Reasonable Time Section 11(b)
  • Cruel and Unusual Punishment Section 12
  • Self-crimination Section 13
  • Enforcement of Rights Section 24(1-2)

  • Exclusion of Evidence
  • Stay of Proceedings


Life, liberty and security of person
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.


Search or seizure
Everyone has the right to be secure against unreasonable search or seizure.


Arrest or detention
Everyone has the right on arrest or detention
(a) To be informed promptly of the reasons therefore;


Arrest or detention
Everyone has the right on arrest or detention
(b) To retain and instruct counsel without delay and to be informed of that right;


Proceedings in criminal and penal matters
Any person charged with an offence has the right
(b) To be tried within a reasonable time.


Treatment or punishment
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.


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.

SECTION 24(1) & 24(2)

Enforcement of guaranteed rights and freedoms
(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

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