What is the test for exclusion of evidence in breach of section 8 of the Charter?

Ontario, Canada


The following excerpt is from R. v. Philpott, 2002 CanLII 25164 (ON SC):

[133] In Collins v. The Queen, supra, Lamer J., at pp. 18-9, enumerated some matters to be considered when determining whether the administration of justice would be brought into disrepute by the failure to exclude evidence obtained in violation of section 8 of the Charter: (a) What kind of evidence was obtained? (b) What Charter right was infringed? (c) Was the Charter violation serious or was it of a merely technical nature? (d) Was it deliberate, wilful or flagrant, or was it inadvertent or committed in good faith? (e) Did it occur in circumstances of urgency or necessity? (f) Were there other investigatory techniques available? (g) Would the evidence have been obtained in any event? (h) Is the offence serious? (i) Is the evidence essential to substantiate the charge? (j) Are other remedies available?

Other Questions


What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
What is the test for exclusion of Charter-infringing evidence? (Ontario, Canada)
Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights? (Ontario, Canada)
In what circumstances can a claim be successful against the Canadian government for alleged breaches of section 7 of the Charter? (Ontario, Canada)
What is the test for a breach of section 24(2) of the Charter? (Ontario, Canada)
What is the test for a Charter exclusion of evidence in a sexual assault case? (Ontario, Canada)
What is the test for admissibility of evidence under section 24(2) of the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
Does Section 9 violation in relation to over holding constitute a serious violation of section 9 of the Charter? (Ontario, Canada)
Is there a causal relationship between a breach of section 24(2) of the Charter and a breath sample taken at the same time? (Ontario, Canada)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.