A recent report indicates that charges were dropped or evidence excluded from court cases in Ontario hundreds of times over the last ten years because police officers in urban areas violated the Charter of Rights and Freedoms.
Co-author of the report, Sunil Gurmukh, an adjunct law professor at Western University, notes that individuals facing criminal charges are often “walking free” as a result of these violations by officers in Toronto, Ottawa, Peel, York, and Durham regions.
The study examined 627 Ontario court decisions from January 1, 2015, to May 31, 2025. During this period, police were found to have breached Charter rights more than 1,000 times.
According to the report, in 70 percent of the instances reviewed, evidence was excluded or proceedings were paused or sentences lessened-actions that researchers claim damage public trust and negatively impact victims.
Gurmukh mentions that common violations included unlawful searches and seizures by officers or delays in suspects obtaining legal representation.
The report did not assess cases where no charges were filed against a suspect or when the Crown chose to drop charges.
In an interview following Wednesday’s report release, Gurmukh emphasized that police departments, oversight bodies, and both provincial and federal governments need to take further action.
“To enhance public trust, legitimacy and safety, there must be monitoring, accountability, transparency and independent oversight,” he stated. He added that officers’ actions can lead to serious repercussions.
“Guns, drugs, reliable evidence of child pornography and breathalyzer test results are being excluded from evidence in trials.”
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