Police misconduct to be judged at the time of misconduct

For police misconduct the standard to be considered is the standard at the time. See today's decision in R. v. Nguyen, 2010 ONCA 526:

"In other instances, the trial judge appeared to judge the seriousness of the police conduct based on standards set in subsequent cases such as R. v. Grant, [2009] 2 S.C.R. 353 and R. v. Suberu, [2009] 2 S.C.R. 460. With respect, in assessing the seriousness of police conduct for s. 24(2) purposes, care must be taken to judge the conduct against the state of the law as it existed at the time."