Scenario
Charter Right
Possible Remedy
Police are questioning you about a suspected offence and asking you to answer questions or make a statement that could incriminate you.
Section 7: Right to SilenceIf your right was violated, the court may exclude self-incriminating statements or grant another appropriate constitutional remedy.
Police search your home, vehicle, or personal belongings without lawful authority or a valid legal basis.
Section 8: Protection Against Unreasonable Search and SeizureIf your rights were violated, the court may exclude improperly obtained evidence or grant another appropriate constitutional remedy.
Police detain or arrest you without
lawful grounds or reasonable legal justification.
Section 9: Right Not to Be Arbitrarily Detained or ImprisonedIf your rights were violated, the court may order your release, exclude evidence, stay proceedings, or grant another appropriate constitutional remedy.
You are arrested or detained, but police do not promptly tell you about the specific charges against you.
Section 10(a): Right to Be Informed of Charges.If your rights were violated, the court may dismiss charges, exclude evidence, or grant another appropriate constitutional remedy.
You are arrested or detained and denied the opportunity to contact a lawyer without delay.
Section 10(b): Right to Legal Counsel.If your right to counsel was denied, the court may exclude evidence obtained or grant another appropriate constitutional remedy.
You are subjected to treatment or punishment that is cruel, excessive, or grossly disproportionate to the circumstances.
Section 12: Right Against Cruel and Unusual Treatment or PunishmentIf your rights were violated, the court may reduce your sentence, improve detention conditions, or grant another appropriate constitutional remedy.
You are treated differently or denied equal protection under the law because of your race, national or ethnic origin, colour, religion, sex, age, or mental, or physical disability.
Section 15: Right to EqualityIf discrimination affected your case, the court may dismiss charges, order a new trial, exclude evidence, or grant another appropriate constitutional remedy.
