Confusion in Exclusion: Inconsistencies in the Application of s. 24(2)
The overarching purpose in the application of the Grant test is to determine whether the exclusion of evidence under section 24(2) of the Charter would “bring the administration of justice into disrepute.”While maintaining the repute of the administration of justice is arguably a laudable concern, it takes for granted the fact that there are Canadians who might not view the Canadian legal system as reputable in any sense.
R v Le and How Race Factors into the Grant Test
At 10:40 p.m., five men, including Le, were gathered in the backyard of LD’s townhouse when three police officers entered. Prior to this, a police officer talked with the housing security guards regarding an unrelated issue, the guards suggested that LD’s house was a “problem address” and there were concerns of drug trafficking in the backyard. Three police officers entered the yard and confronted the individuals, who, by police admission, appeared to be doing nothing wrong.
