Constitutional Law

Analysis and Advocacy

The Canadian Charter of Rights and Freedoms sets out the constitutionally protected legal rights and freedoms of all Canadians. It governs the criminal justice system by limiting the actions of the government, including the police, Corrections Canada, the courts, and Parliament. Through the Charter, the courts may grant remedies for violations of Charter-guaranteed rights and freedoms. Such remedies may entail the striking down of laws that unjustifiably infringe upon Charter-protected rights and the exclusion of evidence from trial in order to prevent the administration of justice from being brought into disrepute.

The protection and enforcement of these constitutional rights and freedoms is not assured. It requires considered analysis and advocacy.

Peck and Company’s lawyers have extensive experience in constitutional litigation. Whether challenging the constitutional validity or applicability of legislation, working to exclude unconstitutionally obtained evidence from trial, or protecting our clients’ rights to liberty and security of the person, Peck and Company draws upon a wealth of experience to provide our clients with the best possible advice on constitutional issues.

Below are a few examples of Peck and Company’s history of constitutional advocacy:

• Providing legal opinions on the validity of legislation;
• Providing legal opinions on the application of federal statutes to new and emerging businesses;
• Challenging the validity of legislation within the context of criminal trials;
• Challenging violations of liberty or security of the person pursuant to s. 7 of the Charter; and
• Challenging the constitutional validity of the search and seizure of evidence pursuant to s. 8 of the Charter.