What is the test for a Charter voire dire to establish a breach of section 7 of the Charter?
British Columbia, Canada
The following excerpt is from USA v. Fraser, 2014 BCSC 227 (CanLII):
It is understood that the persons sought will, at the committal hearing, request a Charter voire dire for the purpose of establishing a breach of s. 7 of the Charter. They say that the alleged surveillance would undermine the fairness of the process. That the court has jurisdiction to hear a s. 7 matter is not in issue (USA v. Cobb, 2001 SCC 19 and USA v. Kwok, 2001 SCC 18).
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