Tuesday, May 24, 2016

Charter breach following discovery of evidence can lead to exclusion of evidence

In a remarkable decision - one some might question - the Court of Appeal for Ontario holds Charter breaches occurring AFTER the discovery of evidence can be such as to lead to that evidence being excluded. 

R. v. Pino, 2016 ONCA 389:

[77]        So, should it make a difference whether the s. 10(b) breaches occurred before or after the discovery of the evidence? I do not think so. In either case, the administration of justice could be brought into disrepute if the court condoned serious Charter violations.

[78]        On this issue, I therefore conclude that the "evidence", the marijuana, was "obtained in a manner" that breached Ms. Pino's s. 8 and s. 10(b) rights. In concluding otherwise, the trial judge erred in law.

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