What is the test for assessing the seriousness of the Charter infringing state conduct?
Nova Scotia, Canada
The following excerpt is from R. v. Alharoun, 2020 NSPC 23 (CanLII):
The task for the court is to find a balance between individual and societal interests, and to determine whether the administration of justice would be brought into disrepute by the admission of the evidence. Given the infinite number of variables that can present during a criminal trial, the 24 (2) analysis must retain some measure of flexibility and be contextual. (R v. Grant, supra, at para.85). Step One – the seriousness of the Charter infringing state conduct:
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