What is the impact of a breach of the Charter on the interests of the mother?
Ontario, Canada
The following excerpt is from Chatham-Kent Children’s Services v. K.(J.), 2009 ONCJ 589 (CanLII):
[68] In this inquiry, I direct my mind to the impact of the breach on the Charter-protected interests of the mother. The more serious the impact on her Charter-protected interests, the greater the risk that the administration of justice will be brought into disrepute if the evidence was admitted. At this stage, one must look to the interests engaged by the infringed right and examine the degree to which the violation impacted her interests. As stated in The Queen v. Grant, at paragraph [78]:
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