Explain the meaning of the phrase "would bring the administration of justice into disrepute" in this section of the Canadian Charter of Rights and Freedoms. Section 24(2) of the Charter...

Explain the meaning of the phrase "would bring the administration of justice into disrepute" in this section of the Canadian Charter of Rights and Freedoms.

Section 24(2) of the Charter states:

Where ... a court concludes that evidence was obtained in a manner that infringed or denied any rights of freedoms guaranteed by this Charter, the evidence shall be excluded if it established that, having regaard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Asked on by zofic13

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

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Another way to phrase this would be "would make the system of justice look bad."  Alternatively, you could say "would make people less likely to respect the system of justice."  Both of these phrases could be substituted for the one that you give and would have the same meaning in the overall clause of the Charter.

What this phrase is saying is that the courts have to make sure that they are not admitting evidence that was collected in a way that would make people less likely to respect the Canadian system of justice.  For example, if the police were to go house to house, randomly searching for drugs, the court would need to exclude any evidence they found.  This is because such searches would make Canadians feel like they were in a police state and would reduce their trust in and respect for their system of justice.

This phrase, then, is meant to give judges the latitude to exclude evidence that is collected in ways that they think would be bad for the confidence that Canadians have in their system of justice.

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