What is the impact of admitting evidence in breach of section 24(2) of the Charter?

British Columbia, Canada


The following excerpt is from R. v. Dilworth and Woodfine, 2006 BCPC 539 (CanLII):

In Regina v. Greffe (1990), 1990 CanLII 143 (SCC), 55 C.C.C. (3d) 161 at page 183, Lamer J., as he then was, noted: . . . this is a point that bears repetition especially when a very serious crime might go unpunished because of the exclusion of evidence, it is the long-term consequences of regular admission or exclusion of the evidence on the repute of the administration of justice that must be considered. In other words, while I, and surely most people, would like to see the appellant convicted and punished severely for the offences with which he is charged, the long-term effect of admitting evidence obtained in a manner that infringed the Charter on the basis that the offence is a very serious one, would lead to the result that s. 24(2) will only be used to exclude evidence when less serious crimes are involved.

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