What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded?
Ontario, Canada
The following excerpt is from R. v. Lee, 2005 CanLII 37004 (ON SC):
Applying the three part analysis described in Regina v. Collins, 1987 CanLII 84 (SCC), [1987] 1 S.C.R. 265; [1987] S. C. J. No. 15, in determining whether the evidence ought to be excluded under section 24(2) of the Charter, I am not able to say that admission of the evidence would affect trial fairness. The evidence is real evidence and was not conscripted either directly or indirectly. Trial fairness would not be affected.
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