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Political Science
Greg Flynn

8 REMEDIESS24124 1 Anyone whose rights or freedoms as guaranteed by this Charter have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances2 Where in proceedings under subsection 1 a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter the evidence shall be excluded if it is established that having regard to all the circumstances the admission of it in the proceedings would bring the administration of justice into disreputeIf the evidence would bring the system into disrepute it should be excluded from the trial By and large this usually leads to a dismissal of the case Factors in Defining System into DisreputePolice behaviour If the police obtained evidence in good faith in relation to the accuseds Charter rights courts will usually permit admission into the case However if the police obtained evidence in bad faith ie knowingly infringed on accuseds Charter rights courts will usually not permit admissionNature of evidenceconscriptive or not If plaintiff was compelled to provide evidence ex DNA courts are more likely to refuse admissionSeriousness of the breach
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