Charter Violations by Ontario Police Lead to Dismissed Charges, Eroding Public Trust: New Report

Hundreds of criminal charges have been dropped or evidence excluded in Ontario court proceedings over the past decade due to police officers violating the Canadian Charter of Rights and Freedoms, according to a new report. The findings raise concerns about systemic issues within several police forces and their impact on the justice system.

Report Highlights Key Findings

The report, titled “Unlawful Enforcers: Charter Violations by Major Ontario City Police Services,” examined 627 Ontario court rulings between January 1, 2015, and May 31, 2025, revealing over 1,000 Charter violations. In 70% of these cases, evidence was deemed inadmissible, proceedings were stayed, or sentences were reduced, potentially undermining public trust and harming victims, researchers found.

Sunil Gurmukh, an adjunct professor at Western University and co-author of the report, emphasized that individuals accused of crimes are frequently “walking free” due to these violations, particularly in Toronto, Ottawa, and the Peel, York, and Durham regions. CBC News reported on the findings on March 18, 2026.

Common Charter Violations

The most frequent violations involved unlawful searches and seizures and delays in granting suspects access to legal counsel. Gurmukh stressed that these violations are preventable, stating, “These violations are preventable. We don’t live in a police state. The Charter protects all of us.”

Systemic Issues Identified

A qualitative analysis focused on the Toronto Police Service and Peel Regional Police revealed systemic issues, including:

• Racial profiling
• Failure to promptly inform arrested individuals of their right to a lawyer
• Disregard for the right to choose one’s own legal counsel

Courts have criticized the Toronto Police Service for consistently failing to bring individuals into bail court within 24 hours of arrest, a problem described as a “culture of complacency” by the courts. The report also identified 11 cases in Toronto and Peel Region where officers provided false testimony, leading to evidence exclusion or stays in 10 of those cases.

Concerns Regarding Child Sexual Exploitation Investigations

The research uncovered 15 cases involving unlawful investigations into alleged child sexual exploitation by Toronto and Peel officers. In 11 of these cases, courts excluded reliable evidence due to Charter violations. One example cited involved Peel police exceeding the scope of a search warrant by staging a fake delivery and searching unauthorized areas of a home, resulting in the exclusion of evidence related to child sexual exploitation. Gurmukh warned that such overreach “undermines the integrity of prosecutions” and puts “the safety of children at risk.”

Recommendations for Improvement

Gurmukh proposed several steps to address the identified issues:

• Prosecutors should report Charter violations to police chiefs for investigation.
• Police services and boards should track and publicly report on violations annually, reviewing related policies and training.
• The provincial inspector general of policing should conduct a broader review of officers’ conduct.

Gurmukh emphasized the demand for greater monitoring, accountability, transparency, and independent oversight to enhance public trust, legitimacy, and safety.

Sunil Gurmukh’s Background

Sunil Gurmukh is an Adjunct Research Professor at Western Law, with over 13 years of experience as a human rights lawyer. He previously served as an Assistant Professor and Assistant Dean (Equity, Diversity, Inclusion and Decolonization) at Western University. He is currently on leave from his role as Counsel at the Ontario Human Rights Commission. Western University provides further details on his background and research.