Is evidence gathered under the letters of requirement admissible at the preliminary inquiry?
British Columbia, Canada
The following excerpt is from R. v. Gill et al., 2006 BCSC 927 (CanLII):
It is likely that an issue will arise at trial as to whether evidence gathered under the letters of requirement is admissible, or whether it should be excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms. That issue, of course, is one to be determined at trial. A judge at a preliminary inquiry is not a court of competent jurisdiction to grant a s. 24 remedy; Regina v. Mills, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863, 26 C.C.C. (3d) 481.
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