What is the test for exclusion or admission of evidence from a search conducted during the search?
British Columbia, Canada
The following excerpt is from R. v. Groat, 2005 BCPC 80 (CanLII):
In determining whether the evidence from the search should be excluded, I must consider whether the admission of the evidence would affect trial fairness, the seriousness of the contravention of the Charter, and whether the repute of the justice system will be better served by exclusion or admission of the evidence: Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 (S.C.C.).
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