I was arrested in possession of a weapon. Isn’t that a “slam-dunk” case for the Crown?

While it is understandable that it would appear to be a very strong case against you, there are possible defences that need to be considered. More often than not these days, the police are obtaining evidence by violating the Canadian Charter Rights of individuals. Every citizen has the right not to be stopped and detained by the police nor searched by them without reasonable and probable grounds to believe a criminal offence has been committed or is about to be committed. Unfortunately, in Canada and in many other countries, minorities are often subjected to illegal searches and detentions by the police for random investigations.

As a result of a Charter violation, the Court may exclude the evidence of the weapon at the trial. Without this evidence, the case usually will no longer proceed and a person will be found not guilty. The evidence is often excluded when the police blatantly violate the rights of an individual without regard to the rights of Canadian citizens.