What is the test for admitting evidence that breaches section 24(2) of the Charter?

Alberta, Canada


The following excerpt is from R v MacIntyre, 2015 ABQB 589 (CanLII):

Once a Charter breach has been identified, there are two further considerations in determining whether evidence will be excluded under s. 24(2). The first, threshold issue, is whether the evidence was obtained in a manner that infringed or denied a Charter right or freedom. The second issue is whether, having regard to all the circumstances, the admission of the evidence could bring the administration of justice into disrepute. This determination involves the analysis in R v. Grant, 2009 SCC 32, [2009] 2 SCR 353.

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