Excluding Evidence (Criminal Code)
From Riverview Legal Group
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-05-13 |
| CLNP Page ID: | 2092 |
| Page Categories: | [Evidence Law] |
| Citation: | Excluding Evidence (Criminal Code), CLNP 2092, <>, retrieved on 2024-05-13 |
| Editor: | Lwaring |
| Last Updated: | 2023/02/05 |
The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11[1]
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.
R v Grant, 2009 SCC 32[2]
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
- ↑ 2.0 2.1 R. v. Grant, 2009 SCC 32 (CanLII), [2009] 2 SCR 353, <https://canlii.ca/t/24kwz>, retrieved on 2023-02-04
