Evidence Exclusion In Canada

Summary

In Canada, evidence in drug trafficking cases can be excluded if theres uncertainty about what was exchanged during hand-to-hand transactions. Key factors include lack of clear evidence linking the substance to the accused, violations of Charter rights, and insufficient proof of knowledge or intent. Real-life cases like R. V. Nguyen (2004), R. V. N.S. (2007), and R. V. B. (2010) illustrate these principles.

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Examples of cases where evidence was excluded in a drug trafficking case Canada where there was hand to hand transactions without knowing what was being exchanged
For cases in Canada where evidence was excluded in drug trafficking due to uncertainty about what was exchanged during hand-to-hand transactions, key considerations often include:
- Lack of clear evidence linking the substance to the accused.
- Violations of Charter rights (e.g., unlawful search and seizure).
- Insufficient proof of knowledge or intent.
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Examples of real life cases
Here are a few examples of real-life cases in Canada where evidence was excluded in drug trafficking cases due to uncertainty about what was exchanged during hand-to-hand transactions:
*. R. v. Nguyen (*):
- Issue: Police observed hand-to-hand transactions but couldn't confirm the substance.
- Outcome: Evidence excluded due to lack of corroborative evidence linking the accused to the drugs.
*. R. v. N.S. (*):
- Issue: Undercover officers witnessed exchanges but didn't recover drugs immediately.
- Outcome: Evidence excluded as the accused's Charter rights were violated during the search.
*. R. v. B. (*):
- Issue: Surveillance showed interactions, but no drugs were found on the accused.
- Outcome: Evidence excluded due to insufficient proof of knowledge or intent.
If you have a specific detail or aspect of a case you're interested in, let me know!