What is the test for excluding evidence that supports a Charter violation?
Ontario, Canada
The following excerpt is from R. v. Hanif, 2015 ONCJ 223 (CanLII):
[139] In Regina v. Grant, supra, at paras. 72 and 74 the court stated that the more severe or deliberate the state conduct that led to the Charter violation the greater the need for courts to dissociate themselves from that conduct by excluding evidence linked to the conduct in order to preserve public confidence in and ensure state adherence to the rule of law. At one end of the spectrum are violations that are inadvertent or minor in nature and on the other end are violations that demonstrate a reckless and deliberate disregard of Charter rights.
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