Can the courts intervene to prevent a Charter breach?

[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).”