481:(2001), was taken as meaning that while Charter rights are generous, they exist within a framework set up by Parliament and the provincial governments. These elected governments have the authority to grant varying degrees of powers to courts and tribunals, and deference should be shown to the governments' decisions. Reviewing courts may, however, have to exercise interpretation regarding whether lower courts have powers to award certain remedies if it is not explicit in the laws. This involves examining whether the lower court can consider Charter arguments and if allowing the lower court to dispense section 24(1) remedies would disrupt its general operations or be too much of a work burden for the court staff.
442:" rule, in which a judge makes a ruling and afterwards has no role to play, the majority upheld the earlier decision. As the majority argued, section 24 is "responsive to the needs of a given case," and as such "novel remedies" may not only be permissible, but also required. The "appropriate and just" limit was defined in this case as giving the courts themselves the right to determine what is appropriate and just (although they should keep in mind traditional
472:. Where a tribunal has been given the power to decide questions of law it must conform to the Constitution in all of its application of law and so invalid laws must be treated as having no force or effect. However, even if the tribunal is a court of competent jurisdiction it cannot make a declaration of invalidity for any invalid law, it can only treat it as no force or effect.
464:(1987), it was found that in any case, provincial superior and appellate courts, and courts created by the federal government, will qualify as a court of competent jurisdiction and may award remedies where it is considered "appropriate and just". An inferior provincial court may qualify as a court of competent jurisdiction where the remedy sought relates to trial procedure.
373:(2) 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 disrepute.
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had established three factors to consider when determining whether to exclude evidence. First, the courts would look at whether the admission of the evidence would affect the fairness of the trial. Second, they would look at the seriousness of the
Charter violation, and third, they would look at the
396:), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be invoked when a claimant's rights are violated. Among other things, section 24 seems to give judges the power to place positive obligations upon a government, as well as to enforce more
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An administrative tribunal may qualify as a court of competent jurisdiction where it has been granted statutory jurisdiction over the parties, subject matter, and remedy sought. It is important to note that the jurisdiction over "remedy sought" means the jurisdiction as granted by statute,
542:-protected interests of the accused (focusing on a review of how the state's actions affected the accused), and (3) society's interests in the adjudication of the case on its merits (focusing on a review of the importance and reliability of the evidence).
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irrespective of the total remedies available under section 24(1) that may be applied by other courts. Even where a tribunal is not found to be a court of competent jurisdiction it is still nonetheless capable of applying the
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24(1) Anyone whose rights or freedoms, as guaranteed by this
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was violated), and also as requiring courts to remember that section 24 is itself a part of the constitution and allows judges to carry out their function of enforcing rights.
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effect of excluding the evidence on the administration of justice. Typically, evidence obtained through violating an accused's right to have counsel (
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allowing for the exclusion of evidence, whenever its use threatens to bring the "administration of justice" into "disrepute."
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Overall, section 24's "competent jurisdiction" limit on which courts may award remedies, in
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are addressed by section 24(2). When evidence is obtained through the violation of a
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to exclude evidence in 45% of section 24(2) cases that come before the Court.
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test lists three factors the courts must consider: (1) the seriousness of the
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and other such decisions, by 2000 the
Supreme Court of Canada had used the
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Practices regarding what evidence may be brought against an individual in
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section24(2) digest by retired P.E.I. Chief
Justice Hon. Gerard Mitchell
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Third ed. (Scarborough, Ontario: Nelson
Thomson Learning, 2000), p. 442.
350:. Canadian judges would be reassured that they could indeed strike down
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Section Twenty-four of the
Canadian Charter of Rights and Freedoms
561:) or the right to security from unreasonable search and seizure (
640:"R. v. Smith, 1989 CanLII 27 (SCC), [1989] 2 SCR 368"
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excludes all evidence acquired through the violation of the
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minority's objections that this use of section 24 violated "
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limits on judicial power; in this case it was denied that
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Fundamental
Freedoms: The Charter of Rights and Freedoms
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Douglas/Kwantlen
Faculty Association v. Douglas College
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Doucet-Boudreau v. Nova Scotia (Minister of
Education)
409:, (2003) 3 S.C.R. 3, as the claimants challenged the
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721:(1970), 4 C.C.C. 1, 11 C.R.N.S. 235, S.C.R. 272.
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669:N.S. v. Martin; N.S. v. Laseur
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