Exclusion of evidence

Filed Under: Criminal Law; Evidence

1 definition found for this term.
Definitions are presented in the order source books were published (most recent first).


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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