Section 24(2) of the Canadian Charter of Rights and Freedoms empowers courts to exclude evidence obtained through Charter breaches—but only if its admission would bring the administration of justice into disrepute. This isn’t about punishing the police. It’s about preserving public confidence in a fair legal system.
If police violated your rights, and used what they found to charge you—you may be able to keep that evidence out of court.
Charged with a criminal offence and suspect misconduct by authorities? Speak with a criminal defence lawyer today—call (855) 585-1777.
What Does Section 24(2) Say?
“Where…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… admission…would bring the administration of justice into disrepute.”
—Charter of Rights and Freedoms, s. 24(2)
Put simply: evidence obtained through a Charter violation can be excluded if keeping it in would damage the justice system’s credibility in the eyes of a reasonable, informed Canadian.
Why Does This Matter?
When police or government officials violate your constitutional rights—by illegally searching your home, denying access to a lawyer, or detaining you without reason—it harms not only you, but public trust in the justice system. Section 24(2) helps ensure that evidence obtained through unfair means doesn’t lead to unfair convictions.
When Can Evidence Be Excluded?
Before a judge will exclude evidence, three conditions must be met:
- A Charter breach occurred.
- The evidence was obtained in a manner connected to the breach.
- Admitting the evidence would bring the administration of justice into disrepute.
If all three are present, the evidence may be tossed out—even if it’s reliable, or even if you’re charged with a serious offence.
What Happens If Evidence Is Excluded?
If a judge excludes key evidence under s. 24(2), the Crown’s case may collapse, leading to:
- Charges being stayed
- Case dismissed at trial
- Reduced sentence (if some evidence remains)
Common Scenarios Where Section 24(2) Applies
Illegal Search of Your Home or Car?
- Police need a warrant (unless urgent circumstances).
- If they search unlawfully, evidence may be excluded.
Denied Right to a Lawyer?
- If police ignore your request for counsel, statements may be thrown out.
- Forced to Give Evidence Against Yourself?
Self-incriminating evidence obtained unfairly may be excluded.
Think your rights were breached during a police investigation? Call (855) 585-1777 to discuss your legal options with a criminal defence lawyer.
How Do Courts Decide?
In R v Grant, the Supreme Court set out a three-part test. Judges ask:
1. How serious was the Charter breach?
Was it a technical mistake or a flagrant violation? Did officers act in good faith, or was there a pattern of misconduct? For example:
- Entering a home without a warrant is considered serious.
- A random stop based on racial profiling is extremely serious.
Courts want to avoid appearing to condone misconduct by admitting evidence tied to it.
2. How badly did the breach affect your rights?
This factor looks at how intrusive the breach was:
- A search of your home, body, or cellphone usually has a high impact on your privacy and dignity.
- A brief roadside stop, while still significant, may be viewed as less severe—depending on the circumstances.
The more your dignity or freedom was compromised, the more likely the evidence is excluded.
3. What’s society’s interest in seeing the case tried on its merits?
Courts also consider whether excluding the evidence would let a guilty person walk free. The more reliable and important the evidence, the stronger the case for keeping it in—but not at all costs.
Even serious charges (like guns or drugs) won’t save illegally obtained evidence if the breach was severe and impacted your rights heavily.
If you were denied a lawyer or searched without cause, your rights may have been violated. Call (855) 585-1777 for a free legal consultation.
What Kinds of Evidence Can Be Excluded?
Any kind of evidence may be excluded if connected to a Charter breach:
- Statements made without access to a lawyer (s. 10(b))
- Drugs or weapons found through illegal searches (s. 8)
- DNA, breath samples, or blood taken without proper consent
- Information from your phone or computer accessed without a warrant
Real-World Example
In R v Singer, police entered a driveway without a warrant to investigate a suspected impaired driver. They opened the truck door and found the driver asleep inside. The Court of Appeal found that this violated his privacy rights under the Charter. As a result, the evidence from the illegal entry was excluded under section 24(2), and the charges were overturned.
How Do You Challenge Evidence?
To apply for exclusion under section 24(2), your lawyer will:
- File a Charter motion
- Prove a Charter breach occurred
- Show how the evidence is linked to that breach
- Argue that admitting the evidence would damage public confidence in justice
You do not have to show the police acted maliciously—only that their actions unjustifiably limited your rights.
Does the Type of Evidence Matter?
Yes. Courts treat different evidence types differently:
| Type of Evidence | Likelihood of Exclusion |
| Statements (confessions, admissions) | High, especially if made without counsel or under pressure |
| Bodily evidence (blood, DNA) | Moderate to High – depends on how invasive and how obtained |
| Non-bodily physical evidence (guns, drugs) | Lower – unless the breach was serious or deliberate |
| Derivative evidence (found as a result of a statement) | Moderate – depends on how connected it is to the breach |
What Should You Do If Police Violate Your Rights?
- Stay calm—do not resist physically.
- Clearly state: “I do not consent to this search.”
- Note details (officer names, time, what happened).
- Contact a lawyer immediately to challenge the evidence.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with criminal charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been charged with a criminal offence. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.