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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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          • Mtre Jimmy Ernst Jr. L. Lambert
          • Mtre Benjamin W. Polifort
          • Mtre Loran-Antuan King
          • Mtre Yahia Belhaddad
          • Mtre Felicia Rotaru
          • Mtre Sandra H. Kim
          • Mtre Olivier Hankins-Meilleur
          • Mtre Bo Chi Zhang
          • Mtre Philippe Brault
          • Daphné McConnell
        • Assistants
          • Jeannie Nguyen
          • Céline Slamani
          • Rubi Barboza Gomez
          • Emilie Leblanc
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          • Mtre Mégane Rousseau
          • Sandrine Puchin
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            • SAAQ Administrative Review Decision
            • Recourse to the Tribunal administratif du Québec
            • Conciliation at the Tribunal administratif du Québec
            • Trial at the Tribunal administratif du Québec
            • Review of the judgment of the Tribunal administratif du Québec
            • Recourse to the Superior Court
          • Dispute period
          • Income replacement indemnity claim
          • Compensation for bodily injury
          • Compensation for psychological damage
          • Determined employment and return to work
          • Relapse, recurrence or aggravation
          • Causal link
          • Personal assistance at home
          • Request for reimbursement
        • Work Accidents (CNESST)
          • Contestation of a CNESST file
          • Income replacement indemnity
          • Employment
          • Compensation for relapse
          • Civil action for a work accident
        • Victims of Criminal Offence (IVAC)
          • Criminal acts covered by the IVAC
          • Criminal Compensation Lawyer
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          • Compensation for unemployed victims
          • Fault of the victim
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  • Civil Law
        • Civil Liability
          • How to prove the damage
          • Assessment of civil damage
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          • Responsibility of the school
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          • Remedies for compensation
          • Medical negligence and unnecessary treatment
          • Surgical errors and early discharge from hospital
          • Misdiagnosis
          • Malfunction of medical devices
          • Code of Ethics of Physicians
        • Prosecuting your aggressor in civil proceedings
          • Criminal vs. civil hearing
          • Prescription
        • Contractual Law
          • Claim for damages
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          • Psycom
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          • "Alcohol-free” products
          • Ticketmaster
          • Diocese of Gaspé
          • Diocese of Rimouski
          • Diocese of Rouyn-Noranda
          • Social media
          • Bread recall
          • Kia (paint)
          • Audi (oil)
          • Tequila
          • STM
          • DoorDash (tips)
          • Lafontaine Tunnel
          • Public Storage
          • Volkswagen (ID.4)
          • Nissan (paint)
          • Nissan (roof)
          • Nordik Spa
        • Completed Class Actions
          • Metro Metro Festival
          • Cogeco
          • DoorDash
          • Ironman
          • StockX
          • Croisières AML
          • Web Hosting Canada
          • UberEats
          • UberEats (Service Fees)
          • Laurentian Bank
        • Frequently asked questions
          • What are the steps of a class action?
          • How do I become a class member in a class action?
          • How to make a claim?
          • How much to receive as compensation?
          • When to receive compensation?
  • Criminal Law
        • Offences
          • Assault
          • Assault on a peace officer
          • Break and enter
          • Criminal negligence
          • Dangerous driving
          • Fraud
          • Hit-and-run
          • Impaired driving (DUI)
          • Mischief
          • Murder and attempted murder
          • Obstruction of justice
          • Possession of drugs and other substances
          • Possession of firearms
          • Sexual assault
          • Theft and possession of stolen goods
          • Threats
        • Procedure
          • Rights and freedoms in the event of arrest
          • Interim release
          • Elements of a criminal offence
          • Sentencing
          • Application for a record suspension
        • Charter Rights
          • Right to be informed of the reasons for arrest and right to counsel
          • Right to silence
          • Presumption of innocence
          • Right to be free from arbitrary detention or imprisonment
          • Right to be secure against unreasonable search or seizure
        • Defence
          • Coercion and necessity
          • Error of fact
          • Ignorance of the law
          • Intoxication
          • Self-defence
          • Not criminally responsible
          • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
        • Passenger Rights
          • Travel insurance
          • Right to assistance
          • Right to compensation
          • Right to information
          • Right to care
          • Disclaimer
          • Carrier’s Obligations
          • Additional obligations of airlines
          • Penalties
        • Laws and regulations
          • Air Passenger Compensation
          • The Montreal Convention
          • International Civil Aviation Organization (ICAO)
          • European Regulation
        • Complaints procedure
          • Relevant documents and information to keep
          • Claim Form
          • Small claims claim
        • Special situations
          • Cessation of an airline’s activities
          • Rights of passengers with special needs
          • Denied boarding
  • Legal Capsules
        • General
          • Prescription
          • Guide to writing a letter of formal notice
          • Small Claims Court
          • Representing yourself in court without a lawyer
          • Recording a conversation
        • Civil Liability
          • Aquatic accidents
          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
          • Recreation
          • Burns caused by aesthetic care
          • Transmission of an STI
          • Dog bite or attack
          • Responsibility of a babysitter or daycare
          • Bullying at school
          • Defamation
        • Consumer Law
          • Unfair term in terms of membership
          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
            • Price Accuracy Policy
            • Additional fees in consumer contracts
          • Abusive loans
          • Flight delay, cancellation or overbooking
          • Telecommunications companies
            • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
            • Termination fees for telecommunications contracts
        • Car Accidents
          • After a car accident: the impact on victims
          • Compensation for an accident that occurred while using a vehicle
          • Accident with a snow removal vehicle
          • Injuries sustained in an automobile accident outside Quebec
          • Compensation by the SAAQ for personal assistance at home
          • The SAAQ’s no-fault regime
          • Simulation
        • Work Accidents
          • Accidents at work while working from home
          • Civil action for a work accident
          • Accident at work outside working hours
          • Presumption of occupational diseases
          • De Quervain’s tendinitis
          • Cannabis use in the workplace
          • Guide for victims of psychological harassment at work
        • Victims of Criminal Offence
          • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français
  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Constitutional remedies

You are here: Home / Constitutional remedies

The Canadian Charter of Rights and Freedoms sets out and protects the rights and freedoms to which every individual is entitled. However, these rights may be violated by the State, whose role is to ensure their protection. What remedies will be available to a citizen who has suffered an infringement of his or her rights?

The Charter provides for two distinct remedies, depending on whether the violation is the result of a statute or an act of government.

Violation under law

The Constitution is the supreme law of Canada, and it renders inoperative any provision or law that contradicts it. The Constitution Act gives the courts the power to strike down a statute, regulation or legislative provision that violates a right guaranteed by the Canadian Charter, as it is part of the Constitution.

It will therefore be possible for a person whose rights have been violated or neglected by a rule of law to apply to the courts to have it invalidated.

Violation Arising from Government Act

This remedy will be used if the violation of the human rights stems from an act of a public official, such as a public servant, a police officer, a Crown prosecutor or a public prosecutor. This is an important remedy to preserve the fairness of the trial.

The Canadian Charter provides for a remedy that applies not only in the case of a violation or denial of a right, but also in the case of a fear of such a violation or denial for the future. It will be up to the victim to convince the court of the violation or fear of violation of his or her right according to the balance of probabilities.

Criminal Procedure

Remedies awarded by the court

If the court finds that a right has been violated, it then has a discretion to grant the victim “such remedy as it considers appropriate and just in the circumstances.”

This could be:

  • Damages;
  • A declaratory remedy, i.e., a declaration confirming the violation of Charter rights, while leaving it up to the government to determine how to remedy it;
  • An injunction, i.e. a court order that the act that violates the victim’s right be stopped;
  • A reduced sentence;
  • A stay of proceedings. It should be noted that this is a means rarely granted and only as a last resort, only when the judge concludes that continuing the proceedings would be an attack on the integrity of the justice system.

Evidence obtained in violation of a Charter right

The Canadian Charter provides for the exclusion of evidence obtained in violation of a Charter right. This stems from the objective of maintaining the good reputation of the administration of justice: the courts are not to tolerate or encourage illegal actions of the State by admitting evidence obtained in violation of the Constitution.

For example, the right to be secure against unreasonable search and seizure is set out in section 8 of the Canadian Charter. For example, if a police officer conducts an unreasonable search, the court may order that the evidence seized during the search is inadmissible.

In Collins, the Supreme Court of Canada held that the exclusion of the evidence will be granted if two elements are met:

  • The evidence must have been obtained under conditions that violate the Charter;
  • Its admission must be likely, in the circumstances, to bring the administration of justice into disrepute

In determining whether the administration of justice has been brought into disrepute, the Court will consider the impact of the admission of the evidence on the fairness of the trial, the seriousness of the breach, and the effect of the exclusion of the evidence on the consideration of the administration of justice.

The protection of rights and freedoms guaranteed by the Canadian Charter is essential to ensuring justice and fairness in our society. Our team of criminal lawyers are dedicated to defending your constitutional rights and representing you with rigor and integrity in the face of any violation.

If you believe that your rights have been violated, contact us immediately for a full assessment of your situation and to explore possible remedies.

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6 time winner of the Consumer Choice Award in the “Law firms” category in the Greater Montréal area.

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4 time winner of the Three Best Rated awards in the “Personal Injury Lawyers” and “Medical Malpractice Lawyers” categories in the Greater Montréal area.

Fields of expertise

  • Road Accidents (SAAQ)
  • Work Accidents (CNESST)
  • Crime Victims (IVAC)
  • Québec Pension Plan
  • Social Assistance
  • Civil Liability
  • Class Actions
  • Criminal Law
  • Penal Law
  • Disciplinary Law
  • Housing Law
  • Aviation Law
  • Compensation delayed flights

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1200, McGill College avenue, #1800, Montréal (QC) H3B 4G7

MONTRÉAL: (514) 526-2378 (LAMBERT)

QUÉBEC: (418) 526-2378 (LAMBERT)

TOLL-FREE: 1-855-331-1010

E-MAIL: info@lambertavocats.ca

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Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

To obtain a legal advice from a lawyer, please contact us by contact form or by phone at (514) 526-2378 (514-LAMBERT).

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