What is the impact of exclusion of evidence obtained from an unconstitutional search?

Ontario, Canada


The following excerpt is from R. v. Walker, 2005 CanLII 43915 (ON SC):

In my view, the disrepute into which the administration of justice would be brought by admission of the real evidence obtained directly as a result of the unlawful arrest outweighs the negative impact of exclusion of the evidence. While the exclusion of the real evidence may result in the acquittal of the accused, the damage to the integrity of the administration of justice would be greater were the court to countenance and thus implicitly give approbation to the police methods used here by allowing the use of unlawfully gathered evidence. As observed by La Forest J. in Regina v. Edwards, (1996), 1996 CanLII 255 (SCC), 104 C.C.C. (3d) 136: “We exercise discretion to exclude evidence obtained by unconstitutional searches from being used against an accused, even when it would clearly establish guilt, not to protect criminals but because the only really effective safeguard for the protection of the constitutional right we all share is not to allow use of evidence obtained in violation of this public right when doing so would bring the administration of justice into disrepute.”

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