What is the burden on the accused/applicant to establish the basis for the order?
British Columbia, Canada
The following excerpt is from R. v. Crichton, 2015 BCCA 138 (CanLII):
The burden is on the accused/applicant to establish the basis for the order. In addition, because the Charter breach is prospective, the burden is a “very real likelihood” or high degree of probability that the accused will be deprived of a fair trial (Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at 158).
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