R v Côté

2011 SCC 46 (Released October 14, 2011)

Constitutional law – Canadian Charter of Rights and Freedoms – s. 24(2) – Exclusion of evidence

This majority decision considers the revised approach to the exclusion of evidence, as set out in R v Grant 2009 SCC 32, and marks an important development in the case law dealing with the protection of rights under s. 24(2) of the Canadian Charter of Rights and Freedoms.

While investigating an attack against the appellant's husband, the police committed several serious and deliberate violations of her Charter rights. For example, police exceeded their right to enter and search the property; detained the appellant without telling her that she was a suspect; and systematically violated her right to silence. The trial judge found the breaches had been "flagrant and systematic" and excluded both the physical evidence and the appellant's statements to police...