24(2) – Exclusion of Evidence under the Charter, 2nd Edition
When it comes to excluding evidence under the Charter, criminal defence lawyers and prosecutors are sometimes unclear about the various factors that must considered, and the analysis that must take place, when S.24(2) is being invoked. This text is the only criminal law book that deals exclusively with S.24(2), taking an in-depth look at recent jurisprudence and relevant case law, and giving practical guidelines as to how the law should be applied. Written by a practising criminal lawyer, the author helps practitioners understand how courts review factors relevant to a S.24(2) inquiry, and how such factors are being balanced.
- Discusses the important case law, and applies the law in a practical and easy to understand manner
- Includes a handy reference chart of selected cases detailing, at a glance, reasons for admission and exclusion of evidence under S.24(2)
- Contains useful appendices, including a checklist of questions for practitioners to consider in making a S.24(2) inquiry
Why You Should Read This Book
- Provides a practical and procedural overview of the law surrounding S.24(2). Looks at the remedies that the courts have used, and the jurisprudence interpreting how they are to be applied
- Helps both junior and senior counsel get a clearer picture of the issues at stake when a S.24(2) analysis is engaged
- Clears up any misperceptions that lawyers might have in regards to S.24(2), following the decision in R. v. Grant
What’s New In This Edition?
- Updates to the sections concerning The Seriousness of the State's Charter Infringing Conduct, Assessing the Impact on Charter-Protected Interests, and Society's Interest in an Adjudication on the Merits
- New guidance as to when evidence may have been obtained in a manner that has infringed or denied a Charter right
- Further clarification as to what does and does not constitute a 'Good faith error' and / or 'Exigent circumstances'
- New dicta with respect to the practical realities of the balancing of factors process and appellate review
Who Should Read This Book?
- Criminal Defence Lawyers – Provides a succinct and clear analysis of how S.24(2) operates to exclude evidence
- Crown Prosecutors – Sets out situations where S.24(2) cannot be invoked to exclude evidence. Useful when arguing against opposing counsel's application to have evidence excluded under the Charter
- Judges – Serves as a convenient reference guide on the jurisprudence on S.24(2)
- Law Researchers & Academics – Ideal for researchers and legal academics in their further study of the law of evidence, and of how evidence by can excluded under the Charter
Table of contents
Part I – Introduction
Part II – Charter Rights
Part III – Evidence obtained "in a manner" infringing or denying the Charter
Part IV – The Test for Exclusion
Part V – Evaluating the Seriousness of the State's Charter-Infringing Conduct
Part VI – Assessing the Impact on the Charter-Protected Interests of the Applicant
Part VII – Society's Interest in an Adjudication on the Merits
Part VIII – Balancing the Factors
Part IX – Appellate Review
Part X – Conclusion