Section 24(2) of the Charter does not exclude unlawfully obtained evidence automatically. A court asks whether, having regard to all the circumstances, admitting the evidence would bring the administration of justice into disrepute.
The inquiry weighs three lines: the seriousness of the Charter-infringing state conduct, the impact of the breach on the accused's protected interests, and society's interest in an adjudication on the merits. The focus is the long-term repute of the justice system, not the outcome of the individual case.
The Court restated when a person is “detained” for Charter purposes and set a three-part framework for deciding whether evidence obtained in breach of the Charter should be excluded under section 24(2), focused on the long-term repute of the justice system.