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GUIDE TO THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Part II : The Contents of the Canadian Charter of Rights and Freedoms

Section 24

Enforcement

1. Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
2. Where, in proceedings under subsection (1), 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 it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Anyone who believes his or her rights or freedoms under the Charter have been infringed by any level of government can go to court to ask for a remedy. That person then must show that a Charter right or freedom has been violated. If the limit is one that is set out in the law, then the government will have an opportunity to show that the limit is reasonable under section 1 of the Charter. If the court is not convinced by the government's argument, then it can grant whatever remedy it feels is appropriate under the circumstances.

The court may also make an order that the law in question is of no force or effect. This power comes from section 52 of the Constitution Act, 1982.

In criminal cases, a court may make an order stopping or delaying the trial of a person whose rights have been denied. A special remedy is available under section 24(2) if the denial of a Charter right takes place during a government investigation. If, for example, a government gets evidence through an unreasonable search or seizure (section 8), then a court may order that the evidence not be used in court. A court will only make an order of this kind if use of the evidence “would bring the administration of justice into disrepute.”

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