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How does the Charter affect a criminal investigation?
The Charter guarantees that Canadian citizens will not be subject to unreasonable searches and seizure or arbitrary detention or imprisonment. They also have the right to be informed of the reason for arrest or detention, and the right to obtain and instruct counsel without delay. If any of these rights are violated in the conduct of a criminal investigation, the evidence obtained can be excluded at trial if to use the evidence would bring the administration of justice into disrepute.
Many thousands of cases have been heard in Canadian courts since 1982 to explore and set the limits to police behaviour in light of the Charter guarantees. For example, in the area of unreasonable search and seizure, the police must, in most cases, obtain a court order known as a warrant before conducting a search that might turn up evidence of a crime. The warrant is granted only if there are reasonable and probable grounds established under oath that an offence has been committed.
December 1996
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