What is the effect of section 8 of the Charter on the application of section 24(2) of the legislation?
Ontario, Canada
The following excerpt is from R. v. Pham, 2007 CanLII 76510 (ON SC):
Even if I were wrong with respect to my conclusion that rights pursuant s. 8 of the Charter had not been breached in this case, I am entirely satisfied that the evidence ought not to be excluded. I shall now deal with the three factors relevant to the application of s. 24(2) which are set out in Collins v. The Queen.[3] i. fairness of the trial
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