Charter Rights and Freedoms Applications

Defending Your Constitutional Rights

The Canadian Charter of Rights and Freedoms protects every individual in Canada from unfair, unreasonable, or unconstitutional actions by government authorities. When those rights are violated — by police, public institutions, government decision-makers, or state actors — you have the right to challenge those actions and seek meaningful remedies.

At Provenance Law, we represent individuals whose Charter rights have been infringed. We prepare constitutional challenges, file Charter applications, and advocate for remedies that hold public bodies accountable and protect your fundamental freedoms. Our approach is strategic, principled, and grounded in a deep understanding of constitutional law.

Whether your matter involves policing, discrimination by a public institution, violations of due process, or unlawful government conduct, our team will stand firmly on your side.

“When the state violates your rights, the law provides powerful tools to fight back — and we use them.” - Provenance Advocates LLP

Common Charter Rights Issues We Handle

Arbitrary Detention & Unlawful Arrest (Section 9)

We challenge detentions and arrests that are:

  • Conducted without proper cause

  • Based on profiling or bias

  • Excessively forceful or unreasonable

  • Without informing you of your rights

If you were detained unlawfully, we can seek remedies and challenge related charges.

 

Search & Seizure Violations (Section 8)

We assist clients who have experienced:

  • Illegal searches of vehicles, homes, or devices

  • Unlawful seizure of property

  • Police exceeding their authority

  • Privacy violations by state actors

Illegally obtained evidence can be excluded in court.

 

Denial of Right to Counsel (Section 10)

Police must:

  • Inform you of your right to a lawyer

  • Provide an opportunity to speak with one

  • Not interrogate you until you have done so

When this right is violated, we can seek remedies and challenge statements or evidence obtained improperly.

 

Freedom of Expression, Religion & Mobility (Sections 2 & 6)

We assist individuals whose freedoms are restricted by public bodies, including:

  • Expression restrictions

  • Religious discrimination

  • Mobility or travel limitations

  • Unreasonable state-imposed restrictions

We advocate for your right to live freely without unjust interference.

 

Equality & Anti-Discrimination Claims (Section 15)

When government policies or decisions disproportionately impact individuals based on protected characteristics, we pursue constitutional remedies to challenge the injustice.

 

Charter Remedies in Criminal & Civil Proceedings

We file Charter applications to seek:

  • Exclusion of evidence

  • Stays of proceedings

  • Compensation

  • Declarations of rights violations

  • Court orders against the government

We ensure the state is held accountable when rights are violated.

Why Choose Provenance Law for Charter Applications

  • Deep understanding of constitutional law and state accountability

  • Strong litigation and application drafting experience

  • Passionate commitment to protecting individual freedoms

  • Clear, strategic guidance through complex legal issues

  • Ontario-wide representation for Charter challenges

Your constitutional rights are non-negotiable — and we defend them with focus and determination.

Believe Your Charter Rights Were Violated?

We help individuals challenge unlawful actions by police, institutions, and government bodies. Our team helps you navigate every step with confidence and clarity.

Frequently Asked Questions (FAQs)

A violation occurs when a government authority infringes upon your fundamental rights under the Charter, such as your right to counsel, privacy, equality, or freedom from unreasonable detention.

Only government actors — such as police, public institutions, and state decision-makers — can violate the Charter.

Yes. They are often used to exclude evidence, stay charges, or challenge unlawful police conduct.

In some cases, yes. Remedies may include compensation, declarations, or corrective orders.

We review the facts, evidence, and circumstances to determine if a Charter breach occurred and what remedies may apply.

Section 8 protects against unreasonable search and seizure — it is one of the most commonly litigated rights in Canada.

This may be a breach of Section 10(b). We can challenge the evidence and statements obtained as a result.

It depends on the complexity, evidence involved, and whether it's part of a larger criminal or civil matter.

Yes. Successful Charter applications often lead to charges being withdrawn, evidence excluded, or proceedings stayed.

Yes — we represent clients province-wide in both criminal and civil Charter applications.

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