Understanding Charter Protections in Drug-Related Cases
In Canadian criminal law, Charter rights play a central role in ensuring that police powers do not override individual freedoms.
One of the most frequently litigated issues in drug-related offences involves illegal searches, seizures, and arbitrary detentions.
Under the Canadian Charter of Rights and Freedoms, individuals are protected against unreasonable police conduct — and courts have consistently excluded evidence obtained through unconstitutional means.
If you’ve been charged with a drug offence in Regina, Saskatoon, or elsewhere in Saskatchewan, an experienced criminal defence lawyer can help determine whether your Charter rights were violated and whether the evidence against you should be excluded.
Section 8 of the Charter: Protection Against Unreasonable Search and Seizure
Section 8 of the Canadian Charter of Rights and Freedoms states:
“Everyone has the right to be secure against unreasonable search or seizure.”
This section balances the state’s authority to investigate crime with an individual’s right to privacy.
A search is only considered reasonable if it satisfies three key conditions established in R. v. Collins ([1987] 1 SCR 265):
The search must be authorized by law.
The law itself must be reasonable.
The manner of the search must be reasonable.
If any of these conditions are not met, the search becomes unconstitutional, and the resulting evidence may be excluded under section 24(2) of the Charter — a powerful tool that allows courts to reject improperly obtained evidence to protect the integrity of the justice system.
Section 9: Protection from Arbitrary Detention
Section 9 of the Charter provides:
“Everyone has the right not to be arbitrarily detained or imprisoned.”
This right is particularly relevant to unlawful traffic stops, pedestrian detentions, or police encounters based on mere suspicion.
Courts have made it clear that detention must be justified — it cannot rest on hunches, assumptions, or profiling.
A police officer must have lawful authority or reasonable grounds before detaining or questioning someone. Otherwise, any resulting evidence (such as drugs found during a search) can be ruled inadmissible.
Case Study: R. v. Santos, 2019 SKCA 127
The Saskatchewan Court of Appeal’s decision in R. v. Santos is a leading example of how courts apply Charter protections in drug cases.
In this case, police stopped Santos without lawful grounds and discovered drugs during the interaction. The Court found that both section 8 (unreasonable search and seizure) and section 9 (arbitrary detention) were violated.
Because of these Charter breaches, the court excluded the evidence under section 24(2), resulting in the accused’s acquittal.
This decision underscores that police must act within the law and have a legitimate basis for stopping or searching individuals. Any evidence obtained unlawfully cannot be used to secure a conviction.
Practical Implications for Accused Persons
Charter protections have direct, practical effects on how criminal cases are defended:
For the accused:
If you are stopped, searched, or detained without legal grounds, your rights may have been violated. This can form the basis to challenge and exclude evidence.For defence counsel:
Identifying Charter breaches early allows your lawyer to file a Charter motion to suppress evidence, which can often result in reduced or dismissed charges.For the public:
These protections are not technical loopholes — they are constitutional guarantees designed to ensure fairness, accountability, and respect for individual freedoms.
Balancing Law Enforcement and Liberty
Cases involving illegal search and seizure highlight the delicate balance between effective policing and personal liberty.
Sections 8 and 9 of the Charter act as essential safeguards against abuse of power, ensuring that justice is pursued within the boundaries of the law.
Courts across Canada — including in Saskatchewan — remain vigilant in upholding these protections, as seen in R. v. Santos. When evidence is obtained in violation of fundamental rights, the proper remedy is exclusion, even if it means the Crown’s case fails.
Facing a Drug Charge in Saskatchewan? Here’s What to Do
If you’ve been charged following a police stop, search, or drug seizure, it’s critical to get immediate legal help.
An experienced criminal defence lawyer in Regina or Saskatoon can:
Review how the police obtained the evidence;
Identify any Charter breaches;
File an application to exclude unlawfully obtained evidence;
Build a strong, rights-based defence strategy.
Legal References
Canadian Charter of Rights and Freedoms, ss. 8, 9, 24(2)
R. v. Collins, [1987] 1 SCR 265
R. v. Santos, 2019 SKCA 127
Criminal Law Notebook – “Search and Seizure” and “Detention”