In Canada, the Canadian Charter of Rights and Freedoms guarantees fundamental rights—like the right to remain silent, the right to a fair trial, freedom from unreasonable search and seizure, and the right to legal counsel. When those rights are violated by police, prosecutors, or other authorities, Charter litigation becomes a critical tool in your defence.

“Complex litigation” refers to challenging the constitutionality of how your case was handled. This might involve excluding illegally obtained evidence, seeking a stay of proceedings, or even having charges dismissed entirely. These are high-stakes, high-impact legal battles—and Bigioni Law is built to fight them.

Charter rights are often violated without the accused even knowing it. Some of the most common breaches include:

• Section 8 – Unlawful search or seizure (e.g., warrantless phone searches or home entries)

• Section 9 – Arbitrary detention (being held without just cause)

• Section 10(b) – Denial of access to legal counsel upon arrest or detention

• Section 11(b) – Unreasonable delay in bringing a case to trial

• Section 7 – Violations of life, liberty, and security of the person in how the law is applied

If any of these rights are violated, your entire case may shift dramatically—often in your favour.

Charter challenges involve advanced legal arguments, extensive case law, and deep constitutional knowledge. These motions are often fought before trial and require:

• Detailed written submissions (Charter applications)

• Expert witness testimony in some cases

• Cross-examination of police officers or investigators

• A strong understanding of how Charter rights intersect with criminal procedure

Not every criminal lawyer is equipped—or willing—to pursue Charter litigation. But at Bigioni Law, it’s one of our core strengths. We approach these cases with the rigour and intensity they deserve.

A successful Charter challenge can result in:

• Key evidence being excluded (such as drugs, weapons, or confessions)

• Charges being stayed (put on hold or dropped entirely)

• Sentences being reduced if a right was violated after conviction

• Systemic reforms, in rare cases, where the law itself is challenged

The ripple effects of Charter litigation are massive—not only for your individual case but for the protection of civil liberties more broadly.

If you've been arrested, searched, interrogated, or charged, it’s important to ask:

• Did police explain your rights clearly?

• Were you denied the ability to contact a lawyer?

• Was your property searched without a warrant?

• Has your trial taken more than 18–30 months to begin?

• Do you feel your treatment was unfair or excessive?

If the answer to any of these is yes, you may have grounds for a Charter application—but you need a lawyer experienced in constitutional litigation to assess and act.

The Canadian Charter of Rights and Freedoms isn’t just a symbol—it’s your shield. At Bigioni Law, we don’t just know your rights—we fight to enforce them in court. Our team brings:

• Deep knowledge of constitutional and criminal law

• Strategic litigation skills tailored to complex Charter arguments

• Courtroom experience in pre-trial motions and Charter applications

• A relentless drive to hold the justice system accountable

Your rights matter—and when they’re violated, we don’t back down. Contact Bigioni Law today for a confidential consultation. We’ll review your case, identify potential Charter breaches, and develop a defence strategy that defends more than your case—it defends your freedom.