Under Section 24(2) of the Canadian Charter of Rights and Freedoms, courts have the power to exclude evidence that was collected through violations of your Charter rights—if its use in court would tarnish the justice system’s reputation.
This isn’t about punishing officers. It’s about maintaining a justice system the public can trust. If your rights were breached and evidence was collected as a result, it may be possible to prevent that evidence from being used against you.
Accused of a crime where police misconduct may be involved? Call (306) 994-9522 to schedule a free consultation with a defence lawyer.
What Does Section 24(2) Actually Say?
“Where…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… admission…would bring the administration of justice into disrepute.”
— Canadian Charter of Rights and Freedoms, s. 24(2)
In plain terms: if police collect evidence through a Charter violation, and using that evidence would undermine public confidence in the justice system, a judge can exclude it from your trial.
Why Excluding Evidence Matters
When authorities breach your rights—say, by conducting an illegal search or denying you access to a lawyer—it affects more than your individual case. It impacts the broader perception of fairness in our legal system. Section 24(2) serves to protect that integrity by ensuring convictions are not based on evidence obtained by unfair or unconstitutional means.
When Will a Judge Throw Out Evidence?
Courts must consider three key criteria before excluding evidence:
- There was a Charter violation.
- The evidence was discovered as a result of that breach.
- Letting the evidence in would bring the justice system into disrepute.
If these conditions are met, the judge may exclude the evidence—even in serious cases or where the evidence appears credible.
What Happens If Evidence Is Thrown Out?
If essential evidence is excluded, the Crown’s case can fall apart. This could result in:
- The charges being withdrawn or stayed
- A full acquittal at trial
- A lighter sentence, if some evidence remains
Common Situations Where Section 24(2) Might Apply
Unlawful Searches of Property
Police need proper legal grounds or a warrant to search your vehicle, residence, or personal belongings. Without it, what they find may be inadmissible.
Right to Legal Counsel Ignored
If you were denied the chance to speak to a lawyer or not told of this right, any statements you made could be excluded.
Self-Incrimination Through Police Pressure
If police obtained statements or physical evidence through coercion or without proper legal process, that material may be kept out.
Unsure if your rights were violated? Call (306) 994-9522 to speak with a criminal lawyer.
How Do Courts Assess Whether to Exclude Evidence?
In the case of R v Grant, the Supreme Court created a framework that judges now follow. Three main factors are considered:
1. Seriousness of the Charter Breach
Judges examine whether the breach was accidental or a clear violation. Examples include:
- A home entry without a warrant (very serious)
- Arbitrary stops based on race or profiling (extremely serious)
If the police conduct shows disregard for constitutional protections, courts are more likely to exclude the evidence.
2. Impact on the Individual’s Rights
How deeply were your rights affected?
- A search of your home, phone, or body is highly intrusive.
- A short traffic stop, while still serious, may have a lesser impact.
The more your privacy and dignity were compromised, the stronger the case for excluding the evidence.
3. The Public’s Interest in a Fair Trial
Courts consider whether the public would prefer the case be decided based on full evidence. But this doesn’t override your rights. Even in serious cases, courts will exclude evidence if its admission would discredit the justice system.
Facing criminal charges where police misconduct may be an issue? Call (306) 994-9522 for a free consultation with a criminal defence lawyer.
Types of Evidence That Can Be Excluded
Any form of evidence may be excluded if it was discovered through a Charter breach:
- Statements or confessions obtained without access to a lawyer (Section 10(b))
- Drugs, firearms, or other items seized via an unlawful search (Section 8)
- DNA or breath samples collected without valid consent or authority
- Phone or computer data accessed without a warrant
Example from a Real Case: R v Singer
In the case of R. v. Singer, officers entered a private driveway without legal authority while investigating impaired driving. They opened a vehicle door and found the driver inside. The court ruled that this violated the individual’s Charter rights and excluded the evidence. Without it, the charges were dismissed.
How Can You Challenge the Evidence?
To have evidence excluded, your criminal defence lawyer must:
- File a Charter application
- Demonstrate that a right was breached
- Link the evidence directly to the breach
- Argue that using the evidence would discredit the justice system
You do not need to prove that police acted in bad faith—just that their actions infringed on your rights without justification.
Do All Evidence Types Face the Same Scrutiny?
No. Some evidence types are more likely to be excluded:
| Type of Evidence | Chances of Exclusion |
| Statements/confessions | High – especially if obtained without counsel or under duress |
| Bodily samples (e.g., DNA, blood) | Moderate to High – depends on how invasive and obtained |
| Physical items (e.g., drugs) | Lower – unless the breach was egregious |
| Derivative evidence | Moderate – depends on its link to the breach |
What Should You Do If Your Rights Are Violated?
- Remain calm and avoid physical resistance
- Clearly state: “I do not consent to this search.”
- Document what happened – who was involved, when, and what they did
- Contact a criminal defence lawyer immediately
Have You Been Charged With a Criminal Offence?
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don’t hesitate to reach out to us if you are facing criminal charges. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.