Explination of Charter Applications
The Canadian Charter of Rights and Freedoms contains many rights all people in Canada have. The Charter protects all people from unlawful state intrusions into our lives. Sometimes the state violates the rights of Accused people during the course of an investigation and sometimes afterwards. In the context of criminal law, most often these state intrusions are committed by the police. When state conduct violates the rights of an Accused, an Accused can apply to the Court to redress any violation of their rights by the state during the course of a trial. Often, Charter applications are brought by Accused to exclude evidence that was obtained by the police in violation of certain rights. Charter litigation has become very complicated. Our firm has considerable experience in complicated and creative Charter litigation.
Criminal Code of Canada: Charter Applications
(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.
(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