What is the test for excluding evidence from the evidence of a breach of section 8 of the Charter?

British Columbia, Canada


The following excerpt is from R. v. A.P. & D.A.V., 2004 BCPC 226 (CanLII):

This line of reasoning was obviously followed in Regina v. B.(B.W.) above, a case in which the police recovered cocaine from the accused's genital area, all based on a tip from an informant, and the court held that there was a breach of s. 8, but that the evidence should not be excluded. And the court stated: While I am troubled by the extent to which the admission of evidence following a Charter breach may be seen as trivializing the breach, in a case such as this, I am unable to conclude that the admission of the evidence in these circumstances would bring the administration of justice into disrepute. The court went on to say that: I also note, in a relatively recent case, that this court refused to exclude the real evidence obtained in circumstances involving an unreasonable strip search and an unreasonable X-ray search, which took place in circumstances involving an additional breach of the accused's s. 10(b) rights.

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