Can evidence obtained in a manner that infringed any rights guaranteed by the Charter be excluded from the trial?

New Brunswick, Canada


The following excerpt is from R. v. Ambrose, 2008 NBPC 32 (CanLII):

Section 24(2) of the Charter provides that evidence obtained in a manner that infringed any rights guaranteed by the Charter shall be excluded if it is established that, having regard to all the circumstances, its admission would bring the administration of justice into disrepute. It is now well-settled that there are essentially three groups of factors capable of affecting the repute of the administration of justice: (1) factors affecting the fairness of the trial; (2) factors relating to the seriousness of the violation; (3) factors relating to the disrepute that exclusion of the evidence might cause. [Collins v. The Queen (1987) 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1]

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