Quote:
Originally Posted by soulchoice
I only provided an except from the charter, as there is no reason to list the whole section of 24. If you have ever read that actual section of the charter, you would clearly see the editing did not change the actual rights of the charter(which is obvious you haven't if you feel it was edited to where i saw fit).
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Quote:
Originally Posted by P. Trudeau
24. (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 circumstances.
(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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Section 24 is the section generally referred to when a person is seeking a remedy for a charter breach. For example, let's say the police stop you on your way to pick up a hooker and find all your blow in your duffle bag. If the court finds that there was a violation of your section 8 right to be secure against unreasonable search or seizure, then you can ask that the evidence obtained in violation of your rights be excluded under section 24.