Ontario Charter of Rights Law Firm
Wherever police and state actions intersect with private lives, Charter rights issues can arise.
The lawyers of Cohen, Sabsay LLP are dedicated to protecting the civil liberties guaranteed to citizens under the Canadian Charter of Rights and Freedoms. We have succeeded in having criminal prosecutions stayed (halted) or illegally obtained evidence excluded by proving that our client's Charter rights were violated.
Charter rights issues are too often ignored by defence lawyers and other legal professionals, to the detriment of their clients. We review all cases for potential violations of our clients' Charter rights.
If we identify a possible violation, we will incorporate the Charter issue into our overall defence strategy, regardless of the criminal offence charged. After the criminal case is resolved, we will review your remaining legal options, which may include pursuing a civil claim application against the person or entity that violated your Charter rights.
Toronto Civil Liberties Lawyers Protecting Your Rights
Our lawyers pursue cases involving violation of our clients' right to:
- Life, liberty and security of the person
- Be free from unreasonable search or seizure
- Not be arbitrarily detained or imprisoned
- Be informed promptly of the reasons for any arrest or detention and be released if the reasons are not valid
- Have a lawyer, if you are arrested
- A fair and public trial within a reasonable time, by an impartial tribunal, if you are charged with a crime
- Not give evidence against yourself
- Be presumed innocent
- Be free from cruel and unusual punishment
- Be granted reasonable bail if appropriate
- A court-appointed interpreter
The legal rights above are in addition to the fundamental freedoms (association; peaceful assembly; conscience and religion; and thought, belief, opinion and expression) and the democratic, mobility and language rights guaranteed by the Charter.
Meticulous Scrutiny of the Facts
When we prepare a case, we put police conduct under a microscope. Issues as seemingly basic as if you were allowed to visit the rest room while being detained by police can constitute a violation of the Charter of Rights.
Some of the more common Charter of Rights issues we see in our practice include:
- Use of excessive force by the police
- Illegal search and seizure of evidence
- Improper execution of a search warrant or warrantless searches
- Detention for investigative purposes
- Failure to advise a suspect of his or her right to speak to a lawyer
- Failure to facilitate a suspect's right to speak to his or her lawyer of choice
- Failure to advise a suspect of his or her right to a lawyer in language the suspect understands
- Unreasonable delay
- Failure to provide a certified translator at trial
If you have been arrested and believe your civil rights have been violated in the process, please contact Cohen, Sabsay LLP to arrange an initial consultation and case evaluation.
