If there has been a Charter violation in the obtaining of a confession by the police, it is automatically excluded from the trial.

Question

Quizplus · Accepted Answer

The exclusion of evidence obtained through a Charter violation, such as a confession, is not automatic. The court applies a test from section 24(2) of the Canadian Charter of Rights and Freedoms to decide whether the evidence should be excluded, considering factors like the seriousness of the Charter infringement, the impact of the breach on the Charter-protected rights of the accused, and society's interest in the adjudication of the case on its merits.

If There Has Been a Charter Violation in the Obtaining