To whom does this section of the Canadian Charter of Rights and Freedoms apply ?
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.
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There are two ways to look at who this applies to.
First, you can say that it applies to Canadian courts. The clause is specifically addressed to the courts. It tells the courts that they must decide whether the evidence has been collected in a proper manner. It tells them that they must exclude improperly collected evidence. Therefore, this applies to the courts.
Second, you could argue that it applies to law enforcement agencies in Canada. It is they who must ensure that they gather evidence in a manner that is consistent with the rights granted by the Charter. Therefore, it applies to law enforcement agencies.
Overall, the first way of looking at this is better, but both are valid to some degree.
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