Section 8 – Search and Seizure: Difference between revisions
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==The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11<ref name="Charter-24"/>== | ==The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11<ref name="Charter-24"/>== | ||
8 Everyone has the right to be secure against unreasonable search or seizure. | |||
... | |||
24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. | 24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. | ||
Latest revision as of 21:08, 18 March 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-27 |
| CLNP Page ID: | 2358 |
| Page Categories: | [Evidence Law] |
| Citation: | Section 8 – Search and Seizure, CLNP 2358, <>, retrieved on 2024-11-27 |
| Editor: | Sharvey |
| Last Updated: | 2024/03/18 |
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The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11[1]
8 Everyone has the right to be secure against unreasonable search or seizure.
...
24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
- (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 the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
References
- ↑ 1.0 1.1 The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11, <https://canlii.ca/t/ldsx> retrieved on 2023-02-04
