Article
R v Griffith
Articles, Book Chapters, & Popular Press
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
Disciplines
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.
Citation Information
Stephen Coughlan, "R v Griffith", Case Comment, (2021) 71 CR (7th) 239.
Case comment on R v Griffith, 2021 ONCA 302.