R. v. Caruso, 2011 ONCA 69, released today, is makes the point that Charter issues should be raised at the outset. Only if a Charter issue arises unexpectedly should a late mention of Charter breach be made:
[4] We do not think, however, that the process used here, where the Charter issue arises only after much of the evidence is in, is one that should be used if it can be avoided. If the Charter issue is raised at the outset, the record can be properly fleshed out.
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