Can a confession be admitted under section 24(2) of the Charter?

We agree with the learned trial judge that to admit this evidence in these unique circumstances could not and would not bring the administration of justice into disrepute. He are of the view that, in general, there ought to be no exclusion of evidence on invocation of s.24(2) unless there is a causal connection between the impugned event and the evidence sought to be excluded. In Rothman v. The Queen (1981) 1981 CanLII 23 (SCC), 59 C.C.C. (2d) 30 (S.C.C.) Lamer, J., in a concurring judgment, sought to define a rule for the admissibility of confessions not unlike the rule presently found in s.24(2) of the Charter. But he adds the foregoing important qualification, which equally applies to s.24(2). Before such a rule could be invoked, he says, “There first must be a clear connection between the obtaining of the statement and the conduct; …”