What is the test for admitting evidence under section 24(2) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Philpott, 2002 CanLII 25164 (ON SC):
[130] The test, as set out in Collins v. The Queen, is this (emphasis added): Would the admission of the evidence bring the administration of justice into disrepute in the eyes of a reasonable man, dispassionate and fully apprised of the circumstances of the case. I believe it is now accepted that the proper standard to be used when interpreting subsection 24(2) is to determine whether the admission of evidence “could,” not “would,” bring the administration of justice into disrepute.
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