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

The Process at a Glance: The workflow concentrates on assessing the client's reasonable expectation of privacy across spatial, bodily, or informational dimensions. The lawyer audits search warrant applications (Information to Obtain), evaluates whether warrantless exceptions (such as search incident to arrest or exigent circumstances) are met, and drafts targeted Section 8 submissions. Counsel files motions to cross-examine warrant affiants, cross-examines search officers, and argues the Grant test.

Key Legislation and Case Law: Governed by Section 8 and Section 24(2) of the Canadian Charter of Rights and Freedoms (Justice Laws). Key warrant challenge frameworks are established in R. v. Garofoli, 1990 CanLII 52. Modern spatial and informational privacy expectations are guided by R. v. Marakah, 2017 SCC 59, and R. v. Reeves, 2018 SCC 56. All case citations refer to CanLII (Canadian Legal Information Institute).

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