As explained in the overview of the Charter of Rights and Freedoms, anyone who feels that their rights have been infringed upon by a government, usually federal or provincial, may start a court cause to resolve the issue (“The Canadian Charter,” n.d.). When starting such a case you must have evidence to support your argument, this can include previous court cases and decisions. The court system makes the decision of whether your rights have been violated based on the information presented (“The Canadian Charter,” n.d.). In some cases the defense will use the charter to try and get the charges against their client dropped in a court case.
Source
The Canadian Charter of Rights and Freedoms: An Introduction to Charter Rights. (n.d.). Retrieved October 29, 2015, from http://mapleleafweb.com/features/canadian-charter-rights-and-freedoms-introduction-charter-rights