ARTICLE · 15 AUGUST 2017

Police Brutality Leads To Thrown Out Charges

Devry Smith Frank LLP

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The Canadian Charter of Rights and Freedoms ("Charter") guarantees certain protections to Canadian citizens, such as the right to life, liberty and security of the person; the right to be free...

CanadaGovernment, Public Sector

Devry Smith Frank LLP

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The Canadian Charter of Rights and Freedoms ("Charter") guarantees certain protections to Canadian citizens, such as the right to life, liberty and security of the person; the right to be free from unreasonable search and seizure; and the right not to be subjected to any cruel or unusual treatment or punishment. The Charter regulates interactions between the state (federal, provincial and territorial governments) and individuals; it does not govern interactions between individuals.

If the Charter rights of an accused person were violated during the investigation against them, the court will exclude the evidence obtained in the investigation. This results in a dismissal of the charges.

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