Is excluding evidence pursuant to the Charter a matter of law?
British Columbia, Canada
The following excerpt is from R. v. C. (T. A.), 1994 CanLII 3093 (BC CA):
24 It is now settled law that the question of excluding evidence pursuant to this section of the Charter is a question of law. (Collins v. The Queen (1987) 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 (S.C.C) @ p. 12).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has evidence been excluded from a Charter violation trial where the Charter violation was a serious one? (British Columbia, Canada)
What is the test for excluding evidence from the evidence of a breach of section 8 of the Charter? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
Is evidence obtained during a search of September 11, 1999 pursuant to section 8 of the Charter admissible? (British Columbia, Canada)
Does a decision whether to exclude evidence under section 24(2) of the Charter require deference by the Court of Appeal? (British Columbia, Canada)
What is the test for exclusion under s. 24(2) of the Charter when evidence is recovered after a Charter violation? (British Columbia, Canada)
When is non-conscriptive evidence excluded under section 24(2) of the Charter? (British Columbia, Canada)
What is the test for excluding evidence under the Charter from a search warrant? (British Columbia, Canada)
What factors will determine the seriousness of a Charter violation for exclusion of evidence? (British Columbia, Canada)
Can a lawyer who fails to put a proposition of evidence to a witness in cross-examination in a civil matter be held liable to sue the witness in a criminal case? (British Columbia, Canada)
