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Article
R v Griffith
Articles, Book Chapters, & Popular Press
  • Steve Coughlan, Dalhousie University - Schulich School of Law
Document Type
Response or Comment
Publication Date
1-1-2021
Keywords
  • Charter of Rights and Freedoms,
  • Arbitrary Detention or Imprisonment,
  • Arrest or Detention,
  • Right to Counsel,
  • Right to Retain and Instruct Counsel Without Delay,
  • Charter Remedies,
  • Exclusion of Evidence,
  • Sentencing Procedure and Principles,
  • Principles of Sentencing,
  • Mitigating Factors,
  • Section 9,
  • Section 10,
  • Section 24
Abstract

In R v Omar, 2019 SCC 32, in a very brief oral decision, the majority concluded that evidence of a firearm ought not to be excluded on the facts of that case. They added, however, that "[i]t may be that consideration should be given to the availability, under s 24(1) of the Canadian Charter of Rights and Freedoms, of remedies other than exclusion of evidence when dealing with s 24(2), but the majority would leave this question for another day" [para 1]. Griffith is an indication that judges and counsel are taking up this invitation to explore the alternatives to exclusion.

Comments

Case comment on R v Griffith, 2021 ONCA 302.

Citation Information
Stephen Coughlan, "R v Griffith", Case Comment, (2021) 71 CR (7th) 239.