Dumas Mehar Law
Areas of Practice
Charter Rights
EXPERIENCED TORONTO CRIMINAL LAWYER DEFENDING YOUR CONSTITUTIONAL CHARTER RIGHTS & FREEDOMS
The Canadian Charter of Rights and Freedoms confers numerous rights to individuals that come into contact with the criminal justice system. These rights were enshrined into law to set limits on police and state actions affecting the liberty, security and privacy of individuals.
A breach of your Charter rights by the police or the Crown can result in remedies which include: a reduced sentence; the exclusion of incriminating evidence; and even a stay of proceedings. It is therefore crucial to not only understand what these rights are, but to also be able identify when they have been breached.
We have over a decade of experience at seeking and successfully obtaining remedies for Charter breaches against our clients. If you have been charged with a criminal offence and believe your rights may have been violated, call us now for a free consultation.
Canadian Charter of Rights and Freedoms
Right to Counsel: Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.
Right to Remain Silent: The right to remain silent is protected as a principle of fundamental justice. A person who's liberty is placed in jeopardy by the criminal justice system cannot be required to give evidence against himself.
Right to be Free from Arbitrary Arrest or Detention: Everyone has the right not to be arbitrarily detained or imprisoned. An otherwise lawful detention can be arbitrary within the meaning of section 9 of the Charter if the law authorizing that detention is arbitrary. Conversely, a detention that is not authorized by law is arbitrary and violates the Charter.
Right to be Free from Unreasonable Search or Seizure: Everyone has the right to be secure against unreasonable search or seizure. This Charter right limits the government's power of search and seizure in order to protect every individual's reasonable expectations or privacy.
Right not to be denied Reasonable Bail without Just Cause: The grounds that may constitute "just cause" in denying bail are limited. They focus on ensuring attendance in court, the protection of the public, and maintaining confidence in the administration of the criminal justice system.
Right to Trial in a Reasonable Time: Any person charged with an offence has the right to be tried within a reasonable time. Our jurisprudence has established a presumptive ceiling beyond which delay is presumed to be unreasonable: 18 months for cases tried in provincial court and 30 months for cases tried in superior court.
