When is non-conscriptive evidence excluded under section 24(2) of the Charter?
British Columbia, Canada
The following excerpt is from R. v. Rossbach and Datoo, 2004 BCPC 424 (CanLII):
In Buhay, Arbour J. considered the three step inquiry set out in Collins, supra, as to when evidence should be excluded under s. 24(2) of the Charter. The three categories are (1) trial fairness (2) the seriousness of the police conduct, and (3) the effects of excluding the evidence on the administration of justice. At paragraph 50 of her reasons, Arbour J. stated the following: "The evidence obtained in violation of the Charter which does not emanate from the accused but rather existed independently of the violation is classified as non-conscriptive evidence. Its admission will not affect adjudicative fairness, but the second and third sets of factors may militate towards its exclusion: Stillman, supra; R v. Evans 1996 CanLII 248 (SCC), [1996] 1 S.C.R. 8."
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