Tuesday, January 27, 2009

Section 24(1) of the Charter and State Actors

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[24] Thus, where ICBC is considered to be a "state actor," the court considering a Charter breach will take into account, in addition to the usual factors set out in R. v. Collins, 1987 CanLII 84 (S.C.C.), [1987] 1 S.C.R. 265, 33 C.C.C. (3d)1, the nexus between ICBC and the state actor, usually the police, that improperly obtained the evidence: see Ropchan at ¶79-80

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