Lack Of Reasonable Grounds

Summary

Lack of reasonable grounds for arrest in Canada can be a strong defense, particularly in drug trafficking cases. If police lacked probable grounds, evidence might be excluded under Section 24(2) of the Canadian Charter of Rights and Freedoms. Courts consider the seriousness of the Charter breach, its impact on the accuseds rights, and societys interest in justice.

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Is evidence most likely to be excluded if there was no probable grounds for the arrest
In Canada, if there was no probable grounds for an arrest, it can indeed lead to evidence being excluded. This is based on Section *(*) of the Canadian Charter of Rights and Freedoms:
- Evidence obtained in violation of the Charter may be excluded if its admission would bring the administration of justice into disrepute.
- Courts assess factors such as the seriousness of the Charter-infringing conduct, the impact on the accused's Charter rights, and society's interest in adjudicating the case on its merits.
What was the context of the arrest, or which specific charges are you concerned about?
Drug trafficking charge
In New Brunswick, a lack of reasonable grounds for an arrest can indeed be a strong defense in a drug trafficking charge. If the police did not have probable grounds for the arrest, any evidence obtained as a result may be excluded under Section *(*) of the Canadian Charter of Rights and Freedoms.
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