There are two specific sections that provide for the remedies available when anyone alleges a breach of an accused’s Charter rights. These two important sections are sections 24 and 52.
Section 24
This remedy section provides that anyone whose rights or freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
There are very few limitations on the meaning of a “court of competent jurisdiction.” Provincial and Territorial courts, Superior courts, Appellate courts, and the Supreme Court of Canada are all courts of competent jurisdiction.
Justices in the Provincial and Territorial courts when presiding over preliminary inquiries are not courts of competent jurisdiction. Consequently, they are not entitled to grant remedies under the Charter. That does not mean evidence related to Charter breaches cannot be explored at the preliminary inquiry, it only means that the Justice presiding is not empowered to grant a Charter remedy. A Charter remedy requires an application at trial, or, in the courts of a higher level.
Section 24 is the main remedy section. Virtually all Charter challenges can be issued pursuant to section 24. This section encompasses any allegations of infringement or denial of the rights under the Charter seeking any remedy that the court considers appropriate and just in the circumstances.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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