Does Section 9 violation in relation to over holding constitute a serious violation of section 9 of the Charter?
Ontario, Canada
The following excerpt is from R. v. McEwan, 2018 ONCJ 702 (CanLII):
[68] While the section 9 violation in relation to the over holding in and of itself may merit the exclusion of evidence in this case, this serious violation is compounded by the fact that there were other material Charter violations that took place in respect of this accused. As has been noted by a number of cases, multiple breaches of an accused person’s Charter rights is a relevant factor engaging a finding of the seriousness under the first branch of the Grant analysis. Where there are multiple breaches, the Charter violation will ordinarily be found to be more serious: Regina v. Steele, 2014 ONCJ 583; Lorenzo, supra; Regina v. Mann, 2018 ONSC 1703.
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