Judicial Remedies

Question 1

Section 24 (2) the exclusionary rule

Answer 1

judges can exclude any evidence that the police got by violating your rights (enter your house without a warrant)
o on paper, this is revolutionary aspect of constitutional law
o focused on what was gathered rather then how
o used to depend on its reliability and relevance

Question 2

Is 24 (2) automatic?

Answer 2

it is not an automatic exclusionary rule
o evidence shall be excluded only if its admission would bring the administration of justice into disrepute
• this came out of concern for wrongful convictions, goal is to ensure accurate outcomes and maintain public confidence in the system

Question 3

Constitutional exemptions

Answer 3

when Rodriguez wanted an exemption

courts don’t like them without a remedy

Question 4

s 24 (1)

Answer 4

remedies are defined in the Schaehter case

- strike down, read in or read out

Question 5

Unconstitutional behaviour by government officials

Answer 5

Declaration of Relief
- Non-specific order by judge
- Mean that your rights were violated, and the court should do something, but they don’t know what.
o Mahe (S. 23 – MLE Rights) supposed to provide French education where there is enough people interested.
o They took the government to court. The court said they were violating S. 23, they should be doing something, but we aren’t sure what. They use the phrase a sliding scale or remedies. This means that minority language education rights, could be any languages in Canada
- Injunction (specific order)
- Damages ($): in theory you could give someone money since your rights will be violated. Courts now have a wide arrange of remedy options