5.5 Criminal Law Remedies Study Notes

Criminal Law Remedies Overview

• Law 101 | Criminal Law Remedies

  • Professor Steven Penney

  • Date: 1/3/2023

Key Concepts

• Exclusionary Rule

  • Importance of understanding that certain convictions may be deemed invalid if evidence is acquired improperly.

  • Reference quote: "I don't care that your conviction was overturned. Up here, we don't follow the Exclusionary Rule."

Case Reference: People v Defore, 242 NY 13 (CA, 1926)

• The principle that a criminal may be set free due to the errors of law enforcement ("the constable has blundered").

Section 24(1) Remedies

• Legal Framework

  • Section 24(1):

  • Stipulates that anyone whose rights or freedoms, as guaranteed by the Charter, have been infringed or denied may request a suitable remedy from a court of competent jurisdiction.

  • Key Terms: Appropriate, just, circumstances.

Types of Remedies Discussed

• Types of Remedies under Section 24(1)

  • Stay of proceedings

  • Damages

  • Trial process remedies

Exclusion of Evidence Under Section 24(2)

• Legal Admission Rule

  • Section 24(2):

  • Addresses the exclusion of evidence when it is obtained in violation of rights or freedoms guaranteed by the Charter.

  • Evidence should be excluded if admitting it would discredit the administration of justice.

  • Grant Factors for Assessment:

    • Seriousness of misconduct

    • Impact on accused

    • Adjudication on merits

Factors for Seriousness of Conduct

• Charter-Infringing State Conduct

  • The severity of the infringement can vary:

  • Inadvertent mistakes

  • Reasonable errors

  • Degrees of negligence

  • Deliberate or systemic misconduct

Case Reference: R v Le, 2019 SCC 34

• Judicial Commentary

  • Good faith not established for officers in this instance; recognition of legal boundaries they failed to respect (para 148).

  • Detention circumstances did not challenge established legal issues (para 149).

  • Evidence obtained in this context weighed against justice (para 145).

Impact on Charter-Protected Interests

• Assessment Framework

  • Identify the interests impacted by infringements.

  • Evaluate the extent of the violation's impact on these interests.

  • Two-Step Process Emphasized.

Relevant Charter Sections

• Section 8: Right to privacy

• Section 9: Right to liberty

• Section 10: Protection against self-incrimination

• Contextual Insight:

  • Importance of the retreat to private residences especially in communities with high police presence, as articulated in R v Le (para 155).

Balancing Society's Interest in Merits of Adjudication

• Considerations When Reviewing Evidence

  • Reliability of the evidence

  • Importance of evidence to the prosecution's case

  • Seriousness of the offense

Ethical Constraints on Judicial Action

• The danger of prioritizing the seriousness of the offense over the protective rights guaranteed under the Charter.

  • Quote from R v Harrison, 2009 SCC 34: "…deprive those charged with serious crimes of the protection of the individual freedoms afforded to all Canadians under the Charter…" (para 25).

Conclusion

• Final Thoughts

  • In evaluating remedies and the exclusion of evidence, courts must balance the rights under the Charter with societal interests, ensuring that justice is administered fairly and without infringement on individual freedoms.

  • The principles laid out by case law play a crucial role in shaping the legal landscape surrounding criminal law and the enforceability of rights.