Abstract
In R v Omar , 2019 SCC 32, in a very brief oral decision, the majority concluded that evidence of a firearm ought not to be excluded on the facts of that case. They added, however, that "[i]t may be that consideration should be given to the availability, under s 24(1) of the Canadian Charter of Rights and Freedoms , of remedies other than exclusion of evidence when dealing with s 24(2), but the majority would leave this question for another day" [para 1]. Griffith is an indication that judges and counsel are taking up this invitation to explore the alternatives to exclusion.
Original language | Canadian English |
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Journal | Articles, Book Chapters, & Popular Press |
Publication status | Published - Jan. 1 2021 |
Keywords
- Charter of Rights and Freedoms
- Arbitrary Detention or Imprisonment
- Arrest or Detention
- Right to Counsel
- Right to Retain and Instruct Counsel Without Delay
- Charter Remedies
- Exclusion of Evidence
- Sentencing Procedure and Principles
- Principles of Sentencing
- Mitigating Factors
- Section 9
- Section 10
- Section 24
Disciplines
- Constitutional Law
- Criminal Law
- Criminal Procedure
- Law