What is the balancing process under s. 15 of the Criminal Code of Canada?
British Columbia, Canada
The following excerpt is from Mutual Legal Assistance Act and U.S.A and Stuckey et al, 2005 BCSC 1764 (CanLII):
Additionally, I agree with the respondents that the need to protect the integrity of the court’s own process is a legitimate and significant consideration apart from those in s. 20(2) of the Act. In United States of America v. Schneider, 2002 BCSC 1014 at para. 51, Cohen J. described the balancing process under s. 15 of the Act - analogous to s. 20 when evidence has been obtained by search warrant - as requiring the court to “enforce and give effect to the protective mechanisms reflected in the statute, both for the protection of the Charter rights of its citizens, and to maintain respect for the court’s own process.”
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