R v Griffith

    Research output: Contribution to journalArticlepeer-review

    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 languageCanadian English
    JournalArticles, Book Chapters, & Popular Press
    Publication statusPublished - 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

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