Midterm-Week 3 Chapter 2 Flashcards
Law reform commission of Canada’s proposed evidence Code
That evidence be excluded if it was obtained under such circumstances that its use in the proceedings would tend to bring the administration of Justice into disrepute
McDonald Royal Commission (1981) suggestion
That judges be given the discretion to exclude evidence that was illegally obtained
What is section 8 of the Charter?
“Everyone has the right to be secure against unreasonable search or seizure.”
A part of Canada’s Constitution that is assessed through a 2-part test that was initially confirmed in the case of R v Dyment and later clarified through the Supreme Court of Canada’s articulation of the ‘totality of circumstances test’
What is Canada’s National DNA Data Bank or the NDDB?
The databank that houses biological evidence used by Canadian law enforcement during the investigation of crimes.
What is the three fold criteria for a reasonable search established in R v Collins?
1) Was the search authorized by law? 2) Is the law itself reasonable? 3) Was the search conducted in a reasonable manner?
What is R v Kang-Brown?
The court case that found police have a common law power to use sniffer dogs to conduct warrantless searches when they have a reasonable suspicion that a target was in possession of drugs
What is Semayne’s case?
A historical English case that famously reasoned that ‘a man’s home is his castle’ while articulating the principles of the right to privacy.
what is section 24 of the charter
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
What is section 7 of the charter?
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
what is section 24(2) of the Charter?
section 24(2) of the Charter, directs courts to exclude unconstitutionally obtained evidence if, having regard to all the circumstances, its admission would bring the administration of justice into disrepute.
What is Onus and who has it regarding section 24(2) of the Charter?
Onus is standard of proof (which party has to provide the proof); and the onus of the proof is on the party asserting that his or hers rights or freedoms have been violated under the charter.
What is meant by “obtained in a manner” of section 24(2) of the Charter?
For section 24(2) of the Charter to apply, evidence must have been obtained in a manner that infringed or denied the accused’s rights under the charter.
who decides whether “the administration of Justice [is thrown] into disrepute” as stated in section 24(2) of the Charter, in a case?
This is decided by a judge and not a jury. A voire dire is held, in the absence of a jury, whether evidence is admissible.
What is the three-pronged approach to the application of section 24(2)?
1) from the public’s point of view how serious was the police misconduct? 2)What was the nature and extent of the physical and physiological impacts on the accused person of the police officers’ misconduct. 3)How strongly would the public want the case to be decided on its merits (i.e., on truth, as opposed to “qualified” truth)?
