Monday, May 26, 2014

A judge need not hear a Charter motion if it is hopeless on its face

R. v. Kutynec, 1992 CanLII 7751:

In other words, if the facts as alleged by the defence in its summary provide no basis for a finding of a Charter infringement, or a finding that the evidence in question was obtained in a manner which infringed the Charter, or a finding that the test for exclusion set out in s. 24(2) was met, then the trial judge should dismiss the motion without hearing evidence.

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