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.

Recent News

19 Nov 2012

In July 2012, Mr. DelBigio joined leading tax firm Thorsteinssons LLP as Counsel in that firm’s tax litigation group. Mr. DelBigio will be offering clients his significant expertise in cases involving tax evasion, search and seizure and constitutional defences. Mr. DelBigio will continue to service ongoing clients and offer criminal defence services for other criminal.

17 Jun 2010

As recently reported by the Canadian Bar Association, the Air India Inquiry final report, released on June 17, made a number of recommendations that were consistent with proposals made by the CBA in its intervention at the Inquiry. The report singled out the CBA’s submissions on the relationship between intelligence and evidence and the challenges.

2 May 2010

“Court can order lawyers to work for free,”* April 9, 2010, Lawyers Weekly. View the article. In this case a criminal defence lawyer (Cunningham) was employed by Yukon Legal Aid to represent an accused charged with sexual offences against a young child. The accused failed to update his financial information as required by Legal Aid.