What is the burden on the accused to exclude the evidence in the context of the search?

[129] If the search is shown to be unreasonable, the burden is on the accused to show, on a balance of probabilities, that the evidence should be excluded pursuant to subsection 24(2). As the party seeking to exclude evidence bears only the civil burden, this means that, in a case where the evidence does not establish whether or not the accused’s rights were infringed, the court must conclude that they were not: see Collins v. The Queen, supra, at p. 14.

[130] The test, as set out in Collins v. The Queen, is this (emphasis added): Would the admission of the evidence bring the administration of justice into disrepute in the eyes of a reasonable man, dispassionate and fully apprised of the circumstances of the case. I believe it is now accepted that the proper standard to be used when interpreting subsection 24(2) is to determine whether the admission of evidence “could,” not “would,” bring the administration of justice into disrepute.