What is the seriousness of a Charter violation?
Ontario, Canada
The following excerpt is from R. v. Lucas, 2009 CanLII 43420 (ON SC):
In terms of the seriousness of the Charter violation, a number of factors may be taken into consideration. Those factors were summarized by Dickson C.J.C. in Jacoy v. The Queen (1988), 1988 CanLII 13 (SCC), 45 C.C.C. (3d) 46 (S.C.C.) at p. 54: “Relevant to this group is whether the violation was committed in good faith, whether it was inadvertent or of a merely technical nature, whether it was motivated by urgency or to prevent the loss of evidence, and whether the evidence could have been obtained without a Charter violation.”
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