SCC splits over excluding illegally-obtained evidence in case with ‘consequential’ Charter breaches

By Cristin Schmitz (December 1, 2023, 6:02 PM EST) -- Addressing how courts should analyze whether to exclude evidence obtained through a Charter breach in cases that feature subsequent “cascading” or “consequential” constitutional breaches, the Supreme Court of Canada declined 3-2 to exclude from evidence more than 100 pounds of cannabis illegally seized by police in breach of an accused’s ss. 9 and 8 Charter rights to be free from arbitrary detention and unreasonable search or seizure....
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