“Excluding Evidence or Upholding Convictions? The Fine Line in R v Tim
S. 24(2) of the Canadian Charter of Rights and Freedoms is designed to allow for courts to exclude evidence that is obtained illegally and is a fundamental violation of a citizen's rights. However, R v Tim, a 2022 SCC case involving the validity of a conducted search, blurs the line on this right in some lenses. Although there was an admission of an illegal search, the SCC ruled to uphold the conviction regardless, as the violation was not done in a reckless manner.
