Balancing the three factors, I have concluded that the admission of the evidence would bring the administration of justice into disrepute. The focus of s. 24(2) is societal and aimed at systemic concerns: R v. Grant, at para. 70. The seriousness of the Charter breach in this case is grounded in a systemic failure in the Toronto area to provide access to Justices of the Peace in a manner that would allow the police to utilize the full 24 hour period provided by the Criminal Code. There is no evidence of any justification for the lack of availability of Justices of the Peace to remand prisoners in Toronto. I note that the facts set out in R. v. Ashmore, supra, indicate that in British Columbia there is a 24 hour remand centre with Justices of the Peace available to remand prisoners by teleconference. The evidence in the case before me is that Justices of the Peace are available 24 hours a day for other judicial functions but not to remand prisoners.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.