NCA Canadian Constitutional Law Practice Exam

Question: 1 / 400

Under what circumstances would evidence be excluded according to section 24(1)?

If the evidence is deemed irrelevant

If admitting the evidence would endanger the defendant

The correct choice regarding the exclusion of evidence under section 24(1) relates to circumstances where admitting the evidence would bring about a violation of the individual's rights under the Canadian Charter of Rights and Freedoms. This provision is particularly focused on situations where evidence is obtained in a way that violates the rights and freedoms guaranteed in the Charter.

In this context, the rationale is that admitting such evidence would not only infringe upon the rights of the accused but could also undermine the integrity of the judicial process. The standard set forth in section 24(1) emphasizes the need to maintain a balance between the interests of society in prosecuting offenders and the rights of individuals protected by the Charter. If admitting evidence would cause harm or compromise an accused person's rights, particularly in a way that affects their ability to get a fair trial, the evidence may be deemed inadmissible.

In contrast, evidence being deemed irrelevant pertains to its probative value in relation to the facts of the case, which is not specifically linked to the violation of rights. Admitting evidence that may cause jury bias is a separate concern related to trial fairness but does not specifically invoke section 24(1). Lastly, while violations of privacy rights are indeed serious, the threshold for exclusion under section

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If there is a possibility of jury bias

If it violates privacy rights

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