COMMERCE 2MA3 Lecture Notes - Lecture 8: Summary Offence, Hybrid Offence, Racial Profiling
14 Nov 2018
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Please fill in the blanks (all answers can be found in chapter 9 of your textbook): the charter not only proclaims and guarantees rights; it also provides a remedy when these rights are violated. Section 24(2) provides courts with a new power: the discretion to exclude evidence from the trial of an accused person. Illegally or unconstitutionally obtained evidence is not excluded automatically. Rather, a court must determine if the administration of justice would be brought into disrepute by its admission: arrests may take place with our without the authority of a judicial warrant. This document, which is issued by a justice of judge after an arrest has been made, serves the same function as an appearance notice: promise to appear or recognizance. These documents are issued by an officer in charge of a police station after an accused has been arrested and taken to the station.
