Excluding Evidence In Appeal

Summary

A Charter breach and unlawful arrest in New Brunswick can affect evidence admissibility. If a trial judge fails to exclude evidence obtained unlawfully, it may provide strong grounds for an appeal under Section 24(2) of the Charter, arguing that its admission would disrepute the administration of justice. Consider consulting a local attorney for personalized advice.

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In New Brunswick, if there is a Charter breach and unlawful arrest, it can impact the admissibility of evidence. Here are some key points:
- Section *: Protection against unreasonable search and seizure.
- Section *: Protection against arbitrary detention or imprisonment.
- Section *: Rights upon arrest or detention, including being informed of the reasons and right to counsel.
If evidence was obtained in violation of these rights, it might be excluded under Section *(*) of the Charter if its admission would bring the administration of justice into disrepute.
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What if the evidence was not excluded by the trial judge would there be strong grounds for appeal
In New Brunswick, if the trial judge did not exclude evidence despite a Charter breach and unlawful arrest, there might be strong grounds for an appeal. The appeal could argue that the evidence should have been excluded under Section *(*) of the Charter because its admission would bring the administration of justice into disrepute.
Would you like to be connected to a local lawyer who can better assist with your case?