Richard 
I was thinking of this scenario
Police officer: you are under arrest
Suspect Drug dealer: violate my rights and I will pay you $10,000
Police: make that $100,000 and it is a deal
The police violates the suspect’s rights, say not allowing a call
In court the lawyer for the accused pleads that Rights have been  violated.
The jusge investigates and agrees
The accused goes free.
The violator goes free. 
The accused decides not to apply to a court.  

So in this scenario there is no penalty for violating the Charter.