Introduction:
You’ve been charged with a criminal offence. But something about it felt wrong. Maybe the police didn’t give you your right to Counsel. Maybe they searched your car without asking. You may be wondering, can a case be dropped because of a
police mistake?
In Canada, the police must follow the Charter of Rights and Freedoms. When they fail to do so, the court can exclude evidence, and in some cases, the charges may be stayed.
Table of Contents
What Counts as a Mistake?
A “mistake” doesn’t have to mean the police acted maliciously. Sometimes small procedural errors can have consequences. Common mistakes include:
- Arresting or detaining someone arbitrarily.
- Failing to advise you of the reason you are being arrested or detained.
- Conducting an unlawful search or seizure.
- Failing to advise or properly provide an opportunity to speak to a lawyer.
- Improperly collecting and storing evidence or failing to disclose all evidence.
When any of these occur, they can violate your rights under Sections 7, 8, 9, or 10 of the Charter of Rights and Freedoms, the foundation for legal protection in Canada.
Examples of Procedural Errors:
Unlawful Detention: If you were stopped and questioned by police without reasonable suspicion, evidence obtained during that encounter could be excluded by the court.
Search Without a Warrant or Consent: Police usually need a warrant or your informed consent to search you or your property. Otherwise, it may be unlawful.
Failure to Advise You of Your Charter Rights: You have the right to remain silent and to speak with a lawyer. If police fail to inform you or provide you access to these rights, statements you have made can be excluded.
Improper Handling of Evidence: Lost or contaminated evidence can undermine the reliability of the evidence or prevent its admission.
The Effect of Charter Breaches on Your Case:
When your rights have been violated, your lawyer can file a Charter Application under the Charter of Rights and Freedoms, seeking that the court excludes evidence obtained from a violation, or in rarer circumstances asking for the charges to be
judicially stayed.
If excluded evidence is critical to the Crown’s case, the prosecution may have to withdraw the charges, or the court may find you not guilty as a result.
Can Charges Be Dropped?
In some cases. Where a procedural error or Charter breach severely undermines the fairness of the proceedings, the Crown may drop the charges, or a judge may judicially stay them.
However, not every Charter breach leads to evidence being excluded or charges being stayed. That’s why it’s critical to have a lawyer review your arrest and the investigation.
What Should You Do if You Suspect a Police Error?
- Write down what you remember, including what the officers said and did.
- Avoid discussing your case with anyone but your lawyer.
- Request disclosure so your lawyer can review the police notes, body-camera footage, and other reports.
- Ask your lawyer about whether there was any unlawfully obtained evidence.
The sooner you get legal advice, the better your chances of identifying and using the police’s mistakes towards your defence.
Final Word:
Police officers have an important job, but they are not infallible. When they cross lines, the justice system provides remedies to protect your rights. A procedural error can be the difference between a conviction and an acquittal.
At Shim Law, our Calgary criminal defence lawyers carefully review every detail of your case to identify possible Charter breaches and procedural errors. We’ll fight to ensure your rights are upheld and your case is treated fairly from start to finish.
If you believe the police made a mistake, call us today at 587-391-9580 for a confidential consultation.
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