What is the scope of section 24(1) of the Charter and what is the test for this?
Ontario, Canada
The following excerpt is from R. v. Fleischman, 2012 ONCJ 120 (CanLII):
[23] Section 24(1) of the Charter provides: Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. As noted by McIntyre J. in Mills v. The Queen 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863 at para. 279, “[i]t is difficult to imagine language which could give the court a wider and less fettered discretion.”
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