What happens if a search is deemed illegal under Section 8 of the Charter?

The correct response highlights the application of remedies under Section 24(2) of the Charter, which addresses situations where evidence is obtained in violation of Section 8, the right to be free from unreasonable search and seizure. If a search is ruled illegal, this section empowers the courts to exclude the evidence obtained as a result of that illegal search from being admissible in court if admitting it would bring the administration of justice into disrepute.

The rationale behind this provision is to uphold the integrity of the legal system and to deter law enforcement from conducting unlawful searches. The court must weigh various factors to determine if the evidence should be excluded, considering the seriousness of the Charter infringement and the impact on the fairness of the trial.

In contrast, if a search is illegal, the idea of revisiting it with a warrant later assumes that the initial illegality could somehow be corrected, which misunderstands the immediate consequences of an unlawful search. Furthermore, the notion that evidence can still be used in court directly contradicts the principles set out in Section 24(2). Finally, claiming there are no consequences for the police overlooks the accountability mechanisms in place for violating individuals' rights.