What is the test for exclusion of Charter-infringing evidence?
Ontario, Canada
The following excerpt is from R. v. Mendez, 2014 ONSC 498 (CanLII):
Having considered the three avenues of inquiry identified in R v. Grant, I have concluded that the applicant has met the onus of establishing on a balance of probabilities that the evidence should be excluded. I will set out my findings and reasons with respect to each of the three avenues of inquiry. (1) The seriousness of the Charter-infringing conduct
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the Your Product Exclusion, Your Work Exclusion and Rip and Tear Exclusion? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
What is the test for exclusion of evidence in breach of section 8 of the Charter? (Ontario, Canada)
What is the impact of exclusion of evidence obtained from a search warrant obtained during an unlawful arrest? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
Can a mechanical exclusion apply to a loss of income due to a failure of a furnace that is not contemplated by the exclusion? (Ontario, Canada)
What is the impact of exclusion of evidence obtained from an unconstitutional search? (Ontario, Canada)
