Charter Rights Defence Lawyer in Saskatoon

The people reserve the supreme authority, not the government.

To hand over ultimate power to the citizens, the constitution has served them with unbreachable rights under the Canadian Charter of Rights and Freedoms. Every state or province must enforce laws and govern their policies with due respect to all charter right principles.

If you assume a violation of your charter rights, the state is bound to compensate for your damage with a remedy. You will find our skilled charter rights defence lawyers in Saskatoon by your side, fighting to preserve your respect, privacy, and freedom and prevent further infringement.

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Understanding the Canadian Charter of Rights and Freedoms

Several sections, specifically from 7 to 14, in the Constitution are devoted to outlining charter rights. Where each section zooms into state activities and approaches toward the citizens, shaping the standard practice. Get a short overview of each section here:

Centred on keeping one’s individuality intact, Section 7 is the testament of survival, choices, and physical and mental soundness. The government can’t touch its boundary without instructions set by the Principles of Fundamental Justice.

The right empowers you with complete privacy. This surrounds your personal space, whether home, car, or workplace, identifiers, like cards, fingerprints, and a DNA sample, and information. Without consent or a warrant, no one has the authority to search, interrupt, and collect those instruments.

Canada allows you to walk away without any obligation to collaborate or answer a state agent. This is to prevent an approach based on a hunch or arbitrary grounds or an unauthorised captivation.

A law enforcer must inform the reason before arresting, letting you fathom the gravity of the situation and call for relevant help. You can also remain shut until a lawyer reaches you with legal assistance.

This creates the intangible hollow you walk through while navigating the court. It protects you from being convicted of a charge you are unaware of, answering to leading questions, attending court beyond a definite time, and being held guilty before being proved.

This encompasses the balance the court maintains when punishing a crime. The section is set upon the common faith that no one should be burdened with an unjustified penalty or treated with cruelty. It leads the court to use a decency standard, like a “high bar” test, before forming its judgment.

It explains the government’s vow not to use evidence or statements given by a witness against them. It lets the witness feel protected, appear in court confidently and share their role in the story without hiding it.

The right of an offender who doesn’t understand the language, jargon, and slang used in the court to get an interpreter. The Section obligates that every word uttered or written during a court session must be translated and made intelligible for the participants.

With the charter rights in place, the court now has strict guidelines to follow. Every individual, whether plaintiff or accuser, can claim equal treatment until the case ends. In the eyes of the defence, it puts rightful spectacles to look at and judge the Crown’s strategies and actions. Any breach has the potential to claim a change or removal of a code, charge, or evidence.

Charter rights are means to be preserved by the government for every Canadian citizen, regardless of race, class, or occupation. To make an exception is possible only under the condition that the individual has crossed limits by going against the law, expressing provocative statements, and engaging in rebellious activities.

Common Violations in Criminal Cases

The Carter rights came into being in 1982 following serious concerns over how the government serves citizens, the law enforcement department approaches individuals, the court evaluates evidence and treats offenders. While the enactment closed all gaps of misjudgments, violations are still common.

Here are a few common ways they occur:

Unwarranted Search: Entering the home, looking into cars, or visiting the workplace without a legal notice or warrant.
Unauthorised Arrest: Apprehending or handcuffing without describing the offences
Usurped Detention: Holding in custody for too long without permission and proof
Upfront Interrogation: Starting to ask questions before the arrival or in the absence of a lawyer defending the accused
Unlawful Delay: Prolonging court sessions on a single matter due to the inability to endorse or justify evidence

Your Rights When Police Detain or Arrest You

When in the hands of the police, certain rights allow you to expect a standard treatment. Remain calm and see if any of the following are not served or breached:

Displaying a Warrant: Only lawful arrests permit a limited search. Otherwise, a warrant must be shown.
Disclosing the Rights: Your rights must be uttered and described within 20 minutes of the arrest.
Demanding the Call: Your call for a lawyer must be arranged by providing an active phone and a list of legal aid attorneys
Diverting Narrative: The police can’t change the offence that was declared at the time of the arrest without prior warning
Diligent Development: The police can’t proceed or rush until your lawyer enters the scene

The Power of Charter Defence

The Charter rights rule all Acts that drive the court. A failure to sustain it or a deliberate attempt to divert it can massively impact not only the running case. Also, the entire codebook. Like, if a code, procedure, or an obligation is proven to be imposing on a charter interest, the court may grant an appeal for its removal or modification. This is the ultimate power an entity or instrument can have in Canada.
A strategic navigation of a Charter right violation can:

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Our Charter Defence Process: How We Identify and Argue Charter Violations

At Criminal Defence Lawyer in Saskatoon, we provide specialised support to bring justice in the face of Charter rights violations. We have dedicated charter advocates in Canada with a solid grasp of the Constitution. To counter a breach, they follow the Voir Dire proceeding and help you through the steps, including:

Identifying and Proving

Our Charter violation lawyers are adept at finding and measuring the scope and occurrence of a violation. They put weight on the balance of probabilities, leaning it in favour of the actual claim.

The Nexus

Through expert investigation and narration, we check and argue whether an exclusion of evidence or a court stay is viable.

The Grant or Oakes Test

Our Canadian Charter defence lawyers can solidify the proof to pass the Grant test, leading the court to act under Section 24(a) and award a remedy.

Frequently Asked Questions

Does It Matter If I'm Guilty—Can Charter Violations Still Help Me?

A Charter violation can nullify the acceptance of evidence. Which means the court can no longer rely on the base argument or theory of the case. This makes the need for a judgment obsolete.

What Is The Canadian Charter Of Rights And Freedoms?

A set of principles that create the fundamental scaffolding of public rights in Canada. They reflect the general expectation of citizens to walk free, survive, live in private and with security, and be served by the Country without compromising their reputation and individuality.

Can Police Violate My Charter Rights "By Accident"?

Yes. The advent of a new law, rushed preparation, or forgetfulness, a police officer can misstep on various occasions. When lifted on the court table, the judge decides on its integrity.