4. Where the Applicant’s Charter Rights Have Been Violated

• Author: David M. Paciocco - Lee Stuesser
• Profession: Justice of the Ontario Court of Justice - Professor of Law, Bond University
• Pages: 366-366

Page 366

Where the applicant succeeds in establishing that her Charter rights have been infringed or denied by a state agent, two further preconditions must be met before the evidence is excluded. First, the applicant must establish that the evidence she wants the court to exclude has been "obtained in a manner that infringed or denied" her Charter rights. Second, the applicant must persuade the court that "in all of the...