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this post was submitted on 02 Aug 2024
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The judge is doing his job. The Canadian Charter of Rights and Freedoms (sect. 24) forbids the use of evidence obtained by violating a Charter right in court. The right violated in this case would be "security of the person" in sect. 7. The cops knew this, or should have—"fruit of the poisonous tree" isn't exactly an obscure legal concept, and is something they need to understand to do their jobs, so I assume it's taught in law enforcement courses. So the evidence being thrown out is 100% the cops' fault.