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Illegally Obtained Evidence

Essentially, in our system, the charter is set up to give all citizens rights, certain rights against the state, that’s the purpose of the charter – it’s for the benefit of the citizen, for the most part.

So when you have something taken by the police, that they’re not supposed to have, or at least they didn’t have prior judicial authorization and it’s contrary to your section 8 charter rights, if I can establish on the balance of probabilities in front of a judge at a trial that your rights have been breached then it’s incumbent on the judge to turn their mind to a remedy.

And one of the common remedies that I ask for is to exclude the evidence. So in the case of drinking and driving, if the evidence is breath test evidence and that’s excluded, often times the crown’s case falls apart, at least with the Over 80.


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