What is the test for excluding evidence under the Charter from a search warrant?

British Columbia, Canada


The following excerpt is from R. v. Arason, 1992 CanLII 1008 (BC CA):

41 He further opined that if he had found the warrant had not been properly obtained he would not have excluded the evidence under s.24(2) of the Charter. In applying the test in Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 (S.C.C.), he stated, inter alia: In the case before me the evidence obtained from the search was real evidence. In addition there was a hearing before the Justice of the Peace and the resultant warrant gave adequate notice to the accused. These accused were not conscripted against themselves in any way arising out of the search warrant. As to the seriousness of the violation, I have not found any. If incorrect, any violations are in my view minimal. Errors made, if any, were not made in bad faith or with intent to mislead. Finally, it is my opinion that excluding evidence of the search results in this case would tend to bring the administration of justice into disrepute.

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