What factors will the court consider in deciding whether to grant police access to the relevant evidence?

Ontario, Canada


The following excerpt is from R. v. Aguirre, 2006 CanLII 45694 (ON SC):

Not only events subsequent to police acquisition of the relevant evidence but also consideration of the totality of the circumstances may lead the court to find the unconstitutionality to be diminished in force – “[a]ttenuation can occur…when the causal connection is remote” and “[a]ttenuation also occurs when, even given a direct causal connection, the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained”: Hudson v. Michigan, at p. 2164.

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