
Charter Breaches and the Concept of “Fresh Start”: SCC Grants Leave in James Andrew Beaver v R and Brian John Lambert v R
When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]