Arbitrary Detention as Legal Defence
Breach of the right to be free from arbitrary detention (Section 9 of the Charter of Rights and Freedoms).
What this Means
The Canadian Charter of Rights and Freedoms sets out the rights that a person has when interacting with the police and the justice system. Section 9 of The Charter protects every person’s individual liberty from unlawful state interference.
In Canada, every person is entitled to individual liberty and not to be deprived of it except in accordance with the principles of fundamental justice. This means that any authority acting on behalf of the government (including the police and the Crown Attorney) must not detain or imprison you unless it is done pursuant to a valid law that is reasonable and unless the detention or imprisonment is done in a reasonable manner.
A detention occurs when there is some form of physical OR psychological restraint by the state (for example, if the police say or do something to make you believe that you are not free to leave).
If we are successful at establishing that one or more of your rights under the Charter were violated, we may be able to get evidence critical to the case against you thrown out (for example; drugs, guns, breath samples, financial records) or we may even be able to get the entire case against you thrown out.
At Every Defence, we have successfully defended hundreds of cases by showing that our clients’ rights under the Charter were breached.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.