A new report highlights that police forces in Canada continue to violate the Charter of Rights and Freedoms. Researchers from Western University and the University of Toronto have pointed out that these violations often result in evidence being dismissed, court cases being halted, and even letting some offenders escape punishment.
The lead researchers for the report, titled “Unlawful Enforcers: Charter Violations by Major Ontario City Police Services,” were Sunil Gurmukh, an adjunct professor at Western Law, and Scot Wortley, a professor at the University of Toronto’s Centre for Criminology and Sociolegal Studies.
This study follows a 2022 investigative piece by , which found 600 instances of serious Charter breaches committed by law enforcement between 2011 and 2021.
The latest findings released on Wednesday revealed over 1000 violations across 627 cases involving officers from Toronto, Peel, York, Durham, and Ottawa between 2015 and 2025.
“Urgent action was needed back then and it’s even more badly needed now; we can’t afford to wait,” Gurmukh said.
“If these (systemic issues) aren’t fixed, more guns, drugs and breathalyzer test results will be tossed from trials, and accused who engage in criminal activity will walk free.”
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The 627 cases in which Charter rights were violated involved city police forces in Toronto, Peel, York, Ottawa and Durham, Ont. (Western University/University of Toronto )
The report identified that the most frequent Charter violations were associated with Sections 8 and 10(b), which concern protection against unreasonable search as well as the right to legal counsel upon arrest.
Instances of racial profiling along with officers providing false information or testimony were also noted by researchers.
Gurmukh mentioned that when courts find a defendant’s rights have been violated, it often goes unreported to Chiefs of Police.
The report suggested several recommendations aimed at enhancing monitoring, accountability, transparency, and independent oversight. These include:
Developing processes to advise Ontario Chiefs of Police about court rulings identifying Charter violations. Police services should investigate officer misconduct highlighted in the report. Annual public reporting on Charter violations by police services. An early warning system to inform police leadership about potentially problematic officers.
The report also urges law enforcement agencies to reassess their policies, procedures, and training – factors Gurmukh believes might contribute to ongoing violations especially regarding search protocols.
Mark Baxter, president of the Police Association of Ontario (PAO), stated they have received a copy of this report.
“We are carefully reviewing these recommendations to assess their potential impact on our members and the justice system as a whole,” he said in a statement.
“The PAO remains dedicated to fostering constructive dialogue and advancing initiatives that strengthen public trust while maintaining the highest standards of policing across the province.”
This Report is Just Scratching the Surface
<p“The list of over 1000 documented Charter violations is concerning," stated Shakir Rahim who is a lawyer as well as Director of Criminal Justice programs at the Canadian Civil Liberties Association – an organization backing this report.
<p“I think many people might not realize how widespread such troubling behavior really is,” he commented.
Both Rahim and Gurmukh noted that this represents “just the tip of the iceberg.”Shakir Rahim is a lawyer and Director of Criminal Justice Program at Canadian Civil Liberties Association. (Sarah Mac Millan/CBC)
For every Charter violation addressed in court proceedings there are countless others never brought forward according to Rahim. If charges aren’t laid or withdrawn for various reasons by Crown attorneys it may remain unclear if someone’s rights were indeed breached.
“When we allow this kind of conduct to go unchecked it erodes fundamental protections provided by our Charter,” he cautioned.
Beyond just affecting individuals whose rights are trampled upon failure among law enforcement agencies respecting their obligations under The Charter has larger implications for justice overall.
Around seventy percent out those mentioned 627 cases where courts confirmed there was breach resulted either led exclusion evidence dismissal stay proceedings or reduced sentences including eleven cases involving child sexual exploitation where reliable evidence was thrown out or charges stayed.
“If that doesn’t speak volumes about urgency surrounding this issue I don’t know what does,” Gurmukh added.
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