What is Unreasonable Search and Seizure: Criminal Code of Canada
The Canadian Charter of Rights and Freedoms outlines certain important rights that every Canadian citizen enjoys and what the penalty is if these rights are violated.
Search or Seizure
Section 8 of the Canadian Charter of Rights and Freedoms reads as follows:
s.8 - Search or Seizure - Everyone has the right to be secured against unreasonable search or seizure.
In other words, Canadian law protects everyone from being subjected to unreasonable searches by the police, security guards or other persons in a position of authority.
The same law also protects us against having our personal property seized, or taken from us, without reasonable grounds.
Detention or Imprisonment
Section 9 of the Canadian Charter of Rights and Freedoms reads as follows:
s.9 - Arbitrary Detention - Everyone has the not to be arbitrarily detained or imprisoned.
In other words, Canadian law protects everyone from being detained (held against your will) or placed in prison without good reason.
What if I have been unreasonable detained or searched?
Section 24(2) of the Canadian Charter of Rights and Freedoms reads as follows:
s.24(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.
What does it all mean?
If your right to be protected against unreasonable search and seizure or your right not to be unreasonably detained has been violated, the court may exclude (throw out) any evidence that the police have obtained through their unreasonable search and seizure or detention.
What is unreasonable depends on the facts of each case. It is important that you consult with an experienced criminal defence lawyer in order to determine if your rights under the Canadian Charter of Rights and Freedoms have been violated and what remedy you may have as a result.
To speak to one of our experienced criminal defence lawyers, you can contact us through this website, or call us Toll Free at 1-877-423-2050.