What is the test for admissibility of evidence under section 24(2) of the Canadian Charter of Rights and Freedoms?

Ontario, Canada


The following excerpt is from R. v. Vincent, 2008 ONCJ 653 (CanLII):

23. Justice Sopinka discussed in the case of Regina v. Kokesch, supra, the question of the admissibility under s. 24(2) of the Canadian Charter of Rights and Freedoms of the evidence obtained as a consequence of a search which has been found to be unlawful and unreasonable within the meaning of s. 8 of the Charter. Justice Sopinka stated at page 225, “The factors to be considered in assessing the admissibility of evidence under s. 24(2) fall into three broad categories: (1) factors concerning the effect of admission on the fairness of the trial; ( 2) factors concerning the seriousness of the violation, and (3) factors concerning the effect of exclusion on the reputation of the administration of justice.”

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