In order to apply for a remedy under s. 24 of the Charter, whose rights must have been breached?
The accused.
Someone substantially connected to the accused.
Someone connected to the accused.
In the test from R v Grant , the court said that the more severe or deliberate the state conduct that led to the Charter violation...
The greater the harm to the accused.
The greater the need for the Crown to justify that conduct.
The greater the need for courts to exclude evidence linked to that conduct.
When determining the seriousness of state conduct that infringes a Charter right, the court can look to extenuating circumstances.
The Charter applies to US authorities in their dealings with Canadians.
s. 5(2) of the CEA and s. 9 of the OEA have been largely superseded by...
s. 24 of the Charter
s. 13 of the Charter
The common law
If an accused says "I don't remember anything" during examination for discovery (where you are statutorily compelled to answer)...
this statement is incriminating
this statement doesn't admit to any element of the offence.
this statement can be excluded under s. 13 of the Charter (self incrimination)
