What factors are considered to be relevant in the context of s. 24(2) of the Criminal Code and the availability of Justices of the Peace to remand prisoners in Toronto?

Ontario, Canada


The following excerpt is from R. v. Mendez, 2014 ONSC 498 (CanLII):

Balancing the three factors, I have concluded that the admission of the evidence would bring the administration of justice into disrepute. The focus of s. 24(2) is societal and aimed at systemic concerns: R v. Grant, at para. 70. The seriousness of the Charter breach in this case is grounded in a systemic failure in the Toronto area to provide access to Justices of the Peace in a manner that would allow the police to utilize the full 24 hour period provided by the Criminal Code. There is no evidence of any justification for the lack of availability of Justices of the Peace to remand prisoners in Toronto. I note that the facts set out in R. v. Ashmore, supra, indicate that in British Columbia there is a 24 hour remand centre with Justices of the Peace available to remand prisoners by teleconference. The evidence in the case before me is that Justices of the Peace are available 24 hours a day for other judicial functions but not to remand prisoners.

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