What is the test for exclusion of evidence under s. 24(2) of the Charter?

New Brunswick, Canada


The following excerpt is from R. v. Melanson, 2005 NBPC 10 (CanLII):

In the frequently quoted case on this issue Collins v. The Queen (1987) 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 at p. 13, Lamer, J., concluded there are three prerequisites to the exclusion of evidence under s. 24(2): “(1) that the applicant’s rights or freedoms, as guaranteed by the Charter, have been infringed or denied; (2) that the evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by the Charter, and (3) that, having regard to all the circumstances, the admission of the evidence in the proceedings would bring the administration of justice into disrepute.”

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