Can evidence obtained through a Charter breach be excluded in a child protection case?
Ontario, Canada
The following excerpt is from Chatham-Kent Children’s Services v. K.(J.), 2009 ONCJ 589 (CanLII):
[78] I agree with the other judicial commentary that it is a rare situation where evidence obtained through a Charter breach might be excluded in a child protection case. However after applying the inquiries set out in The Queen v. Grant, supra, this is just such a situation. To do otherwise would bring the administration of justice into disrepute.
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