What is the test for granting disclosure of personal information under section 24 of the Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from R. v. Therrien, 2005 BCSC 592 (CanLII):
Before addressing the disclosure issue, the jurisdiction of this court to grant the relief sought must be addressed. Both parties agree that this court has jurisdiction to hear this application, although the relief is sought pursuant to s. 24(1) of the Charter of Rights and Freedoms, and in the ordinary course, relief of that nature is reserved to the trial judge (Regina v. Mills, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863, 26 C.C.C. (3d) 481).
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