Recorded: April 2020, 90 minutes

This seminar highlights the key components of the section 24(2) application. It includes a review of the post-Grant jurisprudence, an examination of empirical findings on how the provision is implied across Canada, and a discussion of the future of the exclusionary remedy.

Among other issues, Professor Penney addresses the oft-neglected “obtained in a manner” requirement, the relevance of police training, the intricacies of the “discoverability” doctrine, the relevance of racial profiling, and the possibility that the SCC’s recent decision in R vs Omar may herald a newfound reluctance to exclude.