Does a decision whether to exclude evidence under section 24(2) of the Charter require deference by the Court of Appeal?
British Columbia, Canada
The following excerpt is from R. v. Lauriente, 2010 BCCA 72 (CanLII):
In R v. Buhay, 2003 SCC 30, [2003] 1 S.C.R. 631, the court stated (at para. 42) that the decision whether to exclude evidence under s. 24(2) of the Charter is a question of law. However, the court went on to state (at paras. 44-45), that the question of whether the preconditions for the exclusion of the evidence have been met requires an evaluation of the evidence and the exercise of a substantial amount of judgment which mandates deference by appellate courts.
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