What is the significance of the three-part test in R v Grant?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The three-part test outlined in R v Grant is significant as it assesses the seriousness of rights infringements that occur during the course of police investigations. This test serves as a framework to evaluate whether the impact of a Charter breach is severe enough to justify excluding evidence obtained as a result of that breach.

Specifically, the test considers:

  1. The seriousness of the Charter violation (e.g., whether the police conduct was egregious or merely technical).

  2. The impact of the breach on the accused's Charter-protected interests (e.g., how the breach affected the accused's right to a fair trial).

  3. The societal interest in the adjudication of the case (e.g., whether excluding the evidence would undermine public confidence in the justice system).

This framework ensures that the courts balance protecting individuals' Charter rights with the broader interests of justice, thereby guiding judges in determining how to appropriately address Charter violations while preserving the integrity of the judicial process.

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