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Ensuring rights violations are remedied.

CCLA works to ensure that when rights are violated, there are meaningful remedies for those impacted.

Within the criminal justice system, questions frequently arise about what should happen during a trial when a piece of evidence was obtained illegally, or the investigative or pretrial process violated an individual’s rights. When should illegally-obtained evidence be excluded from trial? If a person was illegally detained by police, unlawfully strip searched, or denied access to a lawyer, should the justice system still be able to move forward with the charges?

Guarantees of rights are illusory if individuals cannot access meaningful remedies. In the case of repeated, systemic rights violations, remedies should contemplate not only the harm done to individuals and communities in the past, but also how to assist in stopping ongoing harms, and preventing future rights violations. Ensuring there are meaningful remedies for serious rights violations is an essential part of making constitutional rights real for both accused persons as well as the many others who interact with the criminal justice system but are never charged with a crime.

Our Work on Constitutional Remedies


Supreme Court endorses high threshold to dismiss abuse of process applications

On April 28, 2023, the Supreme Court of Canada released its decision in R. v.…
June 15, 2023

Supreme Court Dodges Key Issue in R. v. McGregor

A majority of the Supreme Court of Canada in R. v. McGregor opted not to…
February 21, 2023

CCLA at the Supreme Court to ensure meaningful adjudication of Charter claims

The CCLA is at the Supreme Court of Canada today arguing that courts should not…
October 4, 2022

Protecting the Right to Silence and Ensuring Meaningful Remedies When Police Violate the Charter

CCLA is appearing before the Supreme Court of Canada to reinforce the limits of state…
February 14, 2022

No Remedy and No Right – SCC Strikes a Double Blow

The Canadian Civil Liberties Association (CCLA) will challenge the Government of Nova Scotia’s exceptionally broad injunction limiting…
February 8, 2019

CCLA at the Supreme Court: Does a Charter violation require a remedy?

Mr. Bird doing too much bird is the issue before the Supreme Court of Canada…
February 6, 2019
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