Evidence Exclusion In Appeals

Summary

In New Brunswick, cases involving evidence exclusion on appeal due to Charter breaches in drug trafficking charges may not be easily accessible in general databases. The Grant test from R. V. Grant (2009) is used to determine if evidence obtained in breach of the Charter should be excluded, considering the seriousness of the breach, its impact on the accused, and societys interest in a fair trial. For specific case examples, legal databases like CanLII or consultation with a local lawyer are recommended.

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Examples of cases where that has happened
In New Brunswick, notable cases involving evidence not being excluded despite Charter breaches include:
- R. v. Grant (*): Established the "Grant test" for determining when evidence should be excluded.
- R. v. Harrison (*): Addressed the balance between the seriousness of the Charter breach and the impact on the accused.
For specific cases, legal databases or a local lawyer can provide detailed information. Would you like help connecting with a local lawyer?
What’s the grant test
The "Grant test" comes from the Supreme Court of Canada's decision in R. v. Grant (*). It is used to determine whether evidence obtained in breach of the Canadian Charter of Rights and Freedoms should be excluded. The test considers:
*. Seriousness of the Charter-infringing state conduct: How serious was the conduct that led to the breach?
*. Impact on the Charter-protected interests of the accused: How did the breach affect the accused's rights?
*. Society's interest in the adjudication of the case on its merits: Should the evidence be admitted to ensure a fair trial?
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Examples of cases in New Brunswick where evidence was excluded during appeal in a drug trafficking charge when the trial judge found that there was a charter breach and unlawful arrest but would not exclude the evidence and the decision was appealed and succeeded
Case Rating: *
In New Brunswick, specific cases where evidence was excluded on appeal due to Charter breaches may not be readily available in general databases. You could look at legal databases like CanLII for detailed case law or consult a local lawyer for specific examples.
Would you like assistance in connecting with a local lawyer to help you find relevant cases?