What is the standing of an accused to exclude evidence under s. 24(2) of the Criminal Code?
British Columbia, Canada
The following excerpt is from R. v. Sandhu, 1993 CanLII 1429 (BC CA):
15 The question of the standing of an accused to apply to exclude evidence under s. 24(2) as a result of the breach of the rights of a third party was first raised by Lamer J., as he then was, in Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 at p. 13 of that decision: There are at least two problems: must the rights or freedoms infringed or denied under the second prerequisite be those of the applicant, and must the applicant be the accused? For example, if the admission of evidence obtained as a result of the unreasonable search of a third party's home could bring the administration of justice into disrepute, could the accused (if, for example, his right to a fair hearing was thereby infringed) or the third party move under s. 24(2) for the exclusion of the evidence?
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