This is a type of pre-trial motion made to ask for a remedy for a violation of your Charter rights. This includes your right:
- to a lawyer
- to be presumed innocent until you’re proven guilty in a fair and public hearing by an impartial court
- to be given a trial within a reasonable amount of time
- to be free from unreasonable searches
If you can show the Court that your rights were violated, evidence obtained through the violations might not be allowed as evidence at your trial. The Court can also stop a prosecution and stay charges where there were serious Charter breaches.