Is evidence obtained during a search of September 11, 1999 pursuant to section 8 of the Charter admissible?
British Columbia, Canada
The following excerpt is from R. v. Bourque, 2001 BCSC 621 (CanLII):
Having found a violation of s. 8 of the Charter, it becomes necessary to consider whether the evidence obtained during the search of September 11, 1999 should be excluded pursuant to s. 24(2) of the Charter. I am guided in this analysis by the principles established in Regina v. Collins 1987 CanLII 84 (SCC), [1987] 1 S.C.R.265; 33 C.C.C. (3d) 1, and expanded in Regina v. Stillman 1997 CanLII 384 (SCC), [1997] 1 S.C.R. 607; 113 C.C.C. (3d) 321. Applying those principles to this case, I have concluded that the evidence found during the execution of the search warrant is admissible.
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