No. A Charter violation does not automatically make evidence inadmissible.
Under section 24(2), the court considers whether admitting evidence obtained through a Charter breach would bring the administration of justice into disrepute. The assessment looks at all the circumstances.
Courts examine three main questions:
- How serious was the state misconduct? The circumstances surrounding the violation matter.
- How did the breach affect the accused person? The court considers the impact on protected interests.
- What is society’s interest in deciding the case on its merits? This includes the role of the evidence in resolving the allegations.
The purpose is to protect long-term confidence in the justice system. It is not simply a way to punish police or compensate an accused person.
Therefore, finding a possible rights violation is the start of the analysis. A lawyer must also examine the connection to the evidence and the reasons for seeking its exclusion. Section 24(2) – Exclusion of evidence
Why the Sequence of Events Matters
When preparing to speak with a lawyer, try to describe the encounter in order. Avoid starting and ending your account with “the police searched me.”
Instead, break the experience into smaller steps:
- Where were you when the officer approached?
- What did the officer say?
- Were you told why you were being stopped?
- When were handcuffs used?
- Was there more than one search?
- When did you ask for a lawyer?
- What happened after that request?
This is a preparation checklist, rather than a test for deciding whether police acted unlawfully. Its purpose is to help you give a clear account.
For example, “I asked for a lawyer before the second search” provides more useful detail than “they ignored my rights.” If you cannot remember an exact time, say so. An honest estimate is more helpful than a precise time you have guessed.
Also, separate what you personally remember from information someone told you later. That distinction can make the first discussion more focused.
What Should You Do if Police Arrest or Detain You?
Legal Aid Ontario advises people who have been arrested or detained to tell the police that they want to speak with a lawyer. You also have a right to remain silent. Police must explain the reason for an arrest and advise you about access to legal counsel. Legal Aid Ontario
A clear request can be simple: “I want to speak with a lawyer.”
Once you have an opportunity to discuss the encounter privately with counsel, explain any concerns about the detention, searches or delay in receiving advice. Tell the lawyer what you said and what the officers said in response.
Do not assume that one sentence from an online article resolves your situation. Use the information to identify questions for your lawyer. Your account may involve facts that a general article cannot address.
Questions to Bring to a Criminal Defence Consultation
A consultation is easier to follow when you arrive with a short list of concerns. Consider asking:
- Which parts of the police encounter need closer review?
- What information is needed to assess the searches?
- Does the timing of my request for counsel matter?
- What documents should I provide?
- What are the next steps in reviewing the prosecution’s evidence?
Bring the paperwork you received and prepare a brief timeline. Include details that concern you, even if you are unsure whether they have legal importance.
You do not need to label each event with a Charter section. Describe what happened in ordinary language. For example, explain that you were placed in a cruiser, how long you believe you remained there and whether anyone explained what was happening.
This approach keeps the conversation practical and gives your lawyer a clearer starting point.
How Brij Mohan & Associates Can Help
If you are facing criminal allegations, you can learn about the firm’s approach here: criminal defence lawyers
People seeking local assistance can also visit the criminal defence lawyer in Brampton. These pages provide a starting point for discussing your circumstances with Brij Mohan & Associates.
When contacting the firm, briefly explain the charge, your next court date and your main concern. If your question relates to a search or access to counsel, mention that early in the conversation.
You can contact Brij Mohan & Associates at 1-800-871-1196 to request a consultation.
Read the Case
Read R. v. McGuffie, 2016 ONCA 365 on CanLII. The judgment is also available directly from the Court of Appeal for Ontario.
This article discusses a published decision for educational purposes. It does not suggest that Brij Mohan & Associates represented McGuffie. Legal advice depends on the facts of each case.