Thursday, May 8, 2014

Seriousness of Charter breach

R. v. Cunsolo, 2014 ONCA 364:

[47]       In considering the seriousness of the Charter-infringing state conduct, the trial judge assessed the police conduct.  He did not find bad faith on the part of the police.  He found that the conduct was not egregious. Rather, "haste, misjudgment and carelessness" characterized the police actions.  No intent to breach constitutional rights was found. 

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