What does this section from the Canadian Charter of Rights and Freedom mean? Section 24(2) of the charter states:Where ... a court concludes that evidence was obtained in a manner that infringed or...
What does this section from the Canadian Charter of Rights and Freedom mean?
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.
What this means is that this section is enshrining the idea known as the "exclusionary rule" into Canadian law.
The exclusionary rule is the rule that says that evidence that is collected illegally may not be used in a court of law against a defendant. In some countries, like the United States, the exclusionary rule is not explicitly stated in the constitution. In the US, the exclusionary rule was not established until the middle of the 20th century. It could still, conceivably, be rescinded by any Supreme Court ruling. What this section means is that the same is not possible in Canada. This section explicitly states that any evidence collected in ways that go against the Charter cannot be used in Court. This is a strong statement of the exclusionary rule.