What is the test for excluding or excluding evidence in a criminal case as a result of a charter breach?

Nova Scotia, Canada


The following excerpt is from R v. Johnston, 2014 NSSC 131 (CanLII):

The test for determining whether the evidence should be excluded as a result of the charter breach is set out in R v. Grant, (2009) SCC 32 (SCC). The Courts primary role is to assess and balance the effect of admitting the evidence on society’s confidence in the justice system. This confidence in the system goes hand in hand with whether the administration of justice would be brought into disrepute. The notion is to maintain the public’s confidence.

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