Charter of Rights

Editor of the Charter of Rights Newsletter, published by Canada Law Book, Greg DelBigio has written extensively on the Charter of Rights.

The Canadian Charter of Rights and Freedoms is a fundamental part of the Canadian Justice System. The Charter acts to limit the government (including government enforcement agencies) from interfering with individual rights and freedoms described in the Charter unless that interference constitutes a reasonable limit, prescribed by law that can be justified in a free and democratic society.

The legal rights set out in sections 7 to 14 provide significant protections for people being investigated or charged with criminal offenses. Violations of those rights by law enforcement can result in evidence being excluded from trial. However, the exclusion of evidence is not automatic and depends upon a complicated body of case law that has developed.