Exclusion of evidence

The situation when evidence that would otherwise be relevant to determining the accused’s guilt or innocence is kept out of a criminal trial because it was obtained in a manner that violated the Charter and its admission would bring the administration of justice into disrepute. Unconstitutionally obtained evidence is excluded if its admission would affect the fairness of the trial or if the seriousness of the Charter violation outweighs the harmful effects of excluding the evidence.

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