The Significance of Police Misconduct in the Analysis of s. 8 Charter Breaches and the Exclusion of Evidence under s. 24(2) in R. v. Grant, R. v. Harrison and R. v. Morelli

In R. v. Grant, R. v. Harrison, and R. v. Morelli, Porter and Kettles explore the degree to which Grant, Harrison and Morelli represent an increased emphasis in the jurisprudence on police carelessness and lack of candour in both the ITO, and in subsequent testimony about the issuance of a search warrant during a Charter voir dire. Further, it will examine the effect of carelessness or negligence short of outright fraud in ITOs on the admissibility of evidence subsequently obtained from a breach of s. 8 of the Charter. In R. v. Grant, the Supreme Court of Canada articulated a new test for the exclusion of evidence obtained in a manner that infringed Charter rights under s. 24(2) of the Charter.