Criminal Defence Lawyer
Offering a free case evaluation and available 24/7, Arun S. Maini and The Defence Group are ready to prepare your criminal defence. If you are under police investigation, or charged with a criminal offence, we can help.

Charter Rights Defence Lawyer in Toronto

The passage into law of the Canadian Charter of Rights and Freedoms in 1982 brought about the most profound change to the criminal justice system in Canada since the abolition of the death penalty.

For the first time in its history, Canada codified a legally binding set of human rights to complement the principles of peace, order and good government enshrined in our Constitution. The values recognized in the Charter are deemed to be so important that they take precedence over any form of state action or legislation, with only very limited exceptions.

One of the most important sections of Canada’s Constitution recognizes the supremacy of this legal document, which includes the Charter:

Charter Rights Defence Lawyer

One of the most important sections of Canada’s Constitution recognizes the supremacy of this legal document, which includes the Charter:

1.The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect

  • 2. The Constitution of Canada includes
    • (a) the Canada Act 1982, including this Act;
    • (b) the Acts and orders referred to in the schedule; and
    • (c) any amendment to any Act or order referred to in paragraph (a) or (b).

The criminal justice system is where the Charter has had the most impact. The Charter acts as a filter through which the actions of government are screened. If the government violates the rights of one of its citizens, there can be severe consequences to the prosecution’s case, including the exclusion of critical evidence, a judicial stay of proceedings (i.e. the case itself is thrown out), or even an award of costs against the government. No longer will the courts sit back and assume that the police or state agents always act in the best interest of its citizens; with the advent of the Charter, defendants in criminal cases now have a potent and highly effective shield against government abuse.

The Charter and Criminal Justice

While the Charter defines values throughout our society, there are certain rights, specified in sections 7-14, that pertain primarily to the criminal justice system.

Legal rights – sections 7 to 14

Section 7: Right to Life, Liberty and Security of the Person
Section 8: Search and Seizure
Section 9: Detention
Section 10: When in Police Custody
Section 11: Legal Rights
Section 12: Punishment
Section 13: Self-incrimination
Section 14: Right to an Interpreter

Preparing Your Charter Defence

At The Defence Group, we subject each and every case to a thorough analysis to ensure that at every stage of the proceedings, your rights under the Charter have been respected by the government. If your rights have been violated, we will seek the strongest remedy. When evidence is excluded or thrown out because of a Charter breach, some critics complain that the case was won on a “technicality”. We do not agree. There is nothing “technical” or trivial about being subjected to the full force and power of the government’s law enforcement apparatus, being arrested and charged and forced to defend oneself. The police and the state have to follow the rules too, and if they don’t, they should be subjected to consequences for their behaviour, just like any citizen.

If your rights have been violated, we will prepare a detailed and comprehensive strategy to fight this injustice. As part of this process, we will bring a specialized Application to exclude evidence or seek to have the case thrown out. This Application is just one of the tools that we will use, along with all of the other tactics and strategies that we will deploy to win your case.

Domestic Assault Case

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