What is the current test for excluding evidence in a civil case?
Ontario, Canada
The following excerpt is from R. v. Anderson, 2000 CanLII 22658 (ON SC):
Now, as Mr. Justice Iacobucci stated the method of excluding evidence was recently considered in Schreiber v. Canada (Attorney General) (1998), 1998 CanLII 828 (SCC), 51 C.R.R. (2d) 253, [1998] 1 S.C.R. 841 which states that evidence may be excluded under a combination of ss. 7 and 24(1) of the Charter where the use of such evidence would affect trial fairness.
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