What is the standard of review for evidence obtained in violation of the Charter?
Nova Scotia, Canada
The following excerpt is from R. v. Shrubsall, 2000 NSCA 18 (CanLII):
Evidence obtained in violation of the Charter is excluded pursuant to s.24(2) only if its admission would bring the administration of justice into disrepute. In Stillman v. R. (1997), 1997 CanLII 384 (SCC), 113 C.C.C. (3d) 321 (S.C.C.) the standard of review on such an issue was stated (per Cory J.):
"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
What is the standard of evidence used in medical, scientific and other medical evidence at a jury trial? (Nova Scotia, Canada)
Is there any case law in which a police force has been found to have violated a suspect's Charter of Charter Freedoms? (Nova Scotia, Canada)
What is the standard of review for a review of a decision made pursuant to the Environment Act? (Nova Scotia, Canada)
What is the standard of review of a decision of a statutory tribunal? (Nova Scotia, Canada)
Is exclusion of common law couples from the property division and support regimes applicable to married and civil union spouses violated section 15(1) of the Charter? (Nova Scotia, Canada)
What is the test for adding affidavit evidence to the record of a decision-maker in a judicial review? (Nova Scotia, Canada)
What is the test for excluding or excluding evidence in a criminal case as a result of a charter breach? (Nova Scotia, Canada)
What is the standard of review for a motion where a claim has been found to be in breach of the law? (Nova Scotia, Canada)
Does the standard of reasonable doubt apply to a piece of evidence? (Nova Scotia, Canada)
What are the implications of a deferential standard of review for a factual or mixed fact and law decision? (Nova Scotia, Canada)
