Charter Evidence Exclusion Application (Accused) - Derivative Physical Evidence Pathway

The Process at a Glance: The process focuses on establishing the temporal and causal link between the initial Charter breach (e.g., a forced confession) and the physical evidence eventually obtained. The lawyer performs a detailed discoverability audit, assessing whether the Crown can prove that the physical evidence would have been inevitably discovered through lawful, independent means. Counsel drafts specific submissions under the Grant framework, challenges Crown assertions of independent source, and cross-examines investigators during the voir dire.

Key Legislation and Case Law: Governed by Section 7, Section 8, Section 10(b), and Section 24(2) of the Canadian Charter of Rights and Freedoms (Justice Laws). Under the modern framework established in R. v. Grant, 2009 SCC 32, discoverability is no longer a strict threshold bar but is integrated into the Branch 2 and Branch 3 qualitative analysis. The historical foundation is R. v. Stillman, [1997] 1 SCR 607, 1997 CanLII 384 (SCC). Case law verification uses CanLII (Canadian Legal Information Institute).

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