Exclusion,Evidence,under,the,C law Exclusion of Evidence under the Canadian Charter
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Section 24(2) of the Charter statesthat where, in proceedings under subsection (1), a court concludes thatevidence was obtained in a manner that infringed or denied any rights orfreedoms guaranteed by this Charter, the evidence shall be excluded if it isestablished that, having regard to all the circumstances, the admission of itin the proceedings would bring the administration of justice into disrepute.The meaning of Section 24(2) wasinitially fleshed out by the Supreme Court of Canada in the 1987 Collinsdecision, where police obtained evidence of the illegal drug heroin from an aggressiveand unreasonable search which was deemed to violate the Section 8 rights of theaccused.The Collins test was revisited in2009 in the Grant case, which imposed a stricter standard for the type ofCharter breach that would bring the administration into disrepute, and heldthat not every Charter breach should necessarily result in the exclusion ofevidence.The precedent set in Grant hasexpanded the ability of police to engage in aggressive search and seizure,essentially on a hunch, as we can see from cases such as R. v. Loewen. Thecurrent Supreme Court has made clear that only particularly aggravated oregregious Charter breaches will result in the exclusion of evidence.
Exclusion,Evidence,under,the,C