What is the effect of s.24(2) of the Charter on the use of search warrants in sexual assault cases?

Alberta, Canada


The following excerpt is from R. v. Kaminsky, 2007 ABPC 68 (CanLII):

As I did in Arabi, I conclude my judgment and draw comfort for the ultimate result by quoting Iacobucci J. in R v. Burlingham (1995), 1995 CanLII 88 (SCC), 97 C.C.C. (3d) 385 at p. 408 as follows: ... we should never lose sight of the fact that even a person accused of the most heinous crimes, and no matter the likelihood that he actually committed those crimes, is entitled to the full protection of the Charter.(sic) Short-cutting or short-circuiting those rights affects not only the accused, but also the entire reputation of the criminal justice system. It must be emphasized that the goals of preserving the integrity of the criminal justice system, as well as promoting the decency of investigatory techniques, are of fundamental importance in applying s. 24(2). Conclusion

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