Charter Of Rights Civil Liberties

Charter rights issues are too often ignored by defence lawyers and other legal professionals, to the detriment of their clients. The lawyers of Howard C. Cohen & Associates are dedicated to protecting the civil liberties guaranteed 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.

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.

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