What is the test for admitting an accused in a sexual assault case?

This was a breach of the accused rights under section 8 of the Charter, which then leads to the test as stated in Regina v. Grant as follows: 1) The seriousness of the Charter-infringing state conduct (admission may send the message the justice system condones serious state misconduct), 2) the impact of the breach on the Charter-protected interests of the accused (admission may send the message that individual rights count for little), 3) society’s interest in the adjudication of the case on its merits.