If the circumstances surrounding the laying of the charges violate fundamental and inalienable rights, the accused person is entitled to an extraordinary defence under the Charter of Rights and Freedoms. This defence can result in evidence being excluded or charges being stayed. A Charter Application can be heard separately or during trial. Alongside allegations of facts there will also be an evaluation of the officer’s actions to assess whether there was a crossing of boundaries in the acquisition of evidence or the conduct of the officers.

 

 
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Jason E. Bogle
Double B.A Hons LL.B
Barrister & Solicitor

137 Berkeley Street, Toronto ON M5A 2X1
Phone: 416.482.0799
Fax: 416.482.0792