Ontario criminal | Charter Of Rights
ENFORCEMENT OF RIGHTS
Impact of breaches on Charter-protected interests of accused were significant
Accused applied to for stay of proceedings or exclusion of evidence based on unreasonable search and seizure. Accused also alleged she was unlawfully detained and that police failed to make provision for her personal needs over course of search. Stay not appropriate remedy. Case involved incidents of past misconduct. While police misconduct should not be condoned it did not rise to level of granting stay in case. Evidence not admitted. Casual disregard for rights of accused could not be condoned. Impact of breaches on Charter-protected interests of accused were significant. Those factors outweighed interests of having case determined on its merits. Admission of evidence would bring administration of justice into disrepute.
R. v. Phillips (June 21, 2011, Ont. S.C.J., Gordon J., File No. 01/10) 96 W.C.B. (2d) 79 (8 pp.).
Impact of breaches on Charter-protected interests of accused were significant
Accused applied to for stay of proceedings or exclusion of evidence based on unreasonable search and seizure. Accused also alleged she was unlawfully detained and that police failed to make provision for her personal needs over course of search. Stay not appropriate remedy. Case involved incidents of past misconduct. While police misconduct should not be condoned it did not rise to level of granting stay in case. Evidence not admitted. Casual disregard for rights of accused could not be condoned. Impact of breaches on Charter-protected interests of accused were significant. Those factors outweighed interests of having case determined on its merits. Admission of evidence would bring administration of justice into disrepute.
R. v. Phillips (June 21, 2011, Ont. S.C.J., Gordon J., File No. 01/10) 96 W.C.B. (2d) 79 (8 pp.).
