Can the courts intervene to prevent a Charter breach?

Ontario, Canada

The following excerpt is from R. v. V.(D.), 2007 ONCJ 468 (CanLII):

[42] More recently, Mister Justice Wright of the Superior Court of Justice held in R v Glaister, [2004] OJ No 112 that the courts may intervene to prevent a Charter breach. At paragraph 12, he stated: “Because of the need to protect social values of superordinate importance and to protect the certainty and integrity of the judicial process, the courts are loath to accept that a person has consented to the breach of his or her Charter rights or waived a Charter right. The courts may intervene on their own motion even in the face of such a waiver. (Korponay v. AG 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41 @ 73).”

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