Is a search warrant obtained by the Justice in the Information to Obtain pursuant to Section 8 of the Charter valid?

British Columbia, Canada


The following excerpt is from R. v. Guilbault, 2001 BCPC 118 (CanLII):

Having concluded that virtually all of the evidence brought to the attention of the Justice in the Information to Obtain was gathered in breach of Section 8 of the Charter, the Search Warrant itself must also fall: Regina v. Evans, supra. The question is whether the evidence should be excluded pursuant to Section 24(2) of the Charter, which provides: S. 24(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all of the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

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