Excluding Unlawfully Obtained Evidence

Summary

In New Brunswick, evidence obtained through unlawful arrest or unreasonable search can be excluded under the Charter of Rights and Freedoms if it harms the integrity of the legal system. Courts assess how the evidence was obtained, the seriousness of the violation, and its impact on trial fairness.

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Yes
In New Brunswick, evidence obtained through an unlawful arrest or unreasonable search can indeed be excluded under Section *(*) of the Charter of Rights and Freedoms. This applies if admitting the evidence would bring the administration of justice into disrepute.
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What does admitting evidence bring the administration of justice into disrepute really mean
Admitting evidence that "brings the administration of justice into disrepute" means that using the evidence could harm the integrity or fairness of the legal system. Courts consider:
- How the evidence was obtained (e.g., through rights violations)
- The seriousness of the violation
- The impact on the fairness of the trial
Would you like more details on how courts apply this in specific cases?