Constitutional Challenges

Any law that is found both to be in violation of section 52 of the Constitution Act, 1982 and beyond saving under section 24(1) of the Charter of Rights and Freedoms will be of no force or effect. Our lawyers at Lockyer Zaduk Zeeh are well-versed in this area, and are always reviewing legislation to ensure it applies fairly to everyone it impacts, especially our clients. In recent years our lawyers have challenged the Protection of Communities and Exploited Persons Act, including a successful challenge that found Criminal Code sections 286.2, 286.3 and 286.4 unconstitutional, the 2015 provocation amendments under Criminal Code s. 232(2), and the Sex Offender Information Registration Act, 2004.

We represent accused parties and public interest groups in constitutional challenges. Any accused may defend against a criminal charge on the basis that the applicable prohibition is unconstitutional. No one should be convicted under an unconstitutional law. We represent public interest groups who have an interest in the legislation’s validity and feel strongly about its impact on individuals and groups.

If you are an accused person who has questions about challenging the legislation of which you’ve been charged, or you represent a public interest group interested in joining or bringing a stand-alone challenge, please contact us at (416) 613-0416, (416) 595-9500 or online.