24(2) - Exclusion of Evidence under the Charter

ebook ∣ Volume 1

By Nick Kaschuk

cover image of 24(2) - Exclusion of Evidence under the Charter

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Format

ebook

Author

Nick Kaschuk

Publisher

LexisNexis

Release

05 February 2021

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Subjects

Federal Constitutional Law Criminal Law & Procedure Evidence

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When it comes to excluding evidence under the Charter, criminal defence lawyers and prosecutors are sometimes unclear about the various factors that must considered, and the analysis that must take place, when S.24(2) is being invoked. This text is the only criminal law book that deals exclusively with S.24(2), taking an in-depth look at recent jurisprudence and relevant case law, and giving practical guidelines as to how the law should be applied. Written by a practising criminal lawyer, the author helps practitioners understand how courts review factors relevant to a S.24(2) inquiry, and how such factors are being balanced.

Book Features

  • Discusses the important case law, and applies the law in a practical and easy to understand manner
  • Includes a handy reference chart of selected cases detailing, at a glance, reasons for admission and exclusion of evidence under S.24(2)
  • Contains useful appendices, including a checklist of questions for practitioners to consider in making a S.24(2) inquiry
  • Provides a practical and procedural overview of the law surrounding S.24(2). Looks at the remedies that the courts have used, and the jurisprudence interpreting how they are to be applied
  • Helps both junior and senior counsel get a clearer picture of the issues at stake when a S.24(2) analysis is engaged
  • Clears up any misperceptions that lawyers might have in regards to S.24(2), following the decision in R. v. Grant
  • Updates to the sections concerning The Seriousness of the State's Charter Infringing Conduct, Assessing the Impact on Charter-Protected Interests, and Society's Interest in an Adjudication on the Merits
  • New guidance as to when evidence may have been obtained in a manner that has infringed or denied a Charter right
  • Further clarification as to what does and does not constitute a 'Good faith error' and / or 'Exigent circumstances'
  • New dicta with respect to the practical realities of the balancing of factors process and appellate review

    • Format

    ebook

    Author

    Nick Kaschuk

    Publisher

    LexisNexis

    Release

    05 February 2021

    Share

    Subjects

    Federal Constitutional Law Criminal Law & Procedure Evidence
    24(2) - Exclusion of Evidence under the Charter