In R v Aujla, 2021 ONSC 2417, R v Beresaw, 2021 ABPC 107, and R v Coutu, 2020 MBCA 106, the Ontario Superior Court of Justice, the Alberta Provincial Court, and the Manitoba Court of Appeal...
CanadaLitigation, Mediation & Arbitration
In R v Aujla, 2021 ONSC 2417,
R v Beresaw, 2021 ABPC 107, and R v Coutu, 2020 MBCA 106,
the Ontario Superior Court of Justice, the Alberta Provincial
Court, and the Manitoba Court of Appeal considered different
aspects of what constitutes a breach of the Canadian Charter of
Rights and Freedoms (the "Charter") when
police obtain evidence from a suspect and when that evidence should
be excluded.
These cases provide different examples of when police conduct
will result in the exclusion of evidence. In Aujla, the
court admitted evidence despite a technical breach of the
Charter. In Beresaw, the court excluded evidence
as a result of a breach of the Charter, and in
Coutu, the court found there was no breach of the
Charter at all.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.
The content of this article is intended to provide a general guide
to the subject matter. Specialist advice should be sought about your
specific circumstances.
View source
