These types of searches are presumed or prima facie unreasonable.
What are warrantless searches?
100
This is the standard of proof used to determine whether a s. 24(2) exception is satisfied.
What is the balance of probabilities?
100
Evidence is generally classified on the basis of these two functions.
What is "what it does" and "what it is"?
100
Whether or not an individual has the cognitive ability to make a voluntary statement deals with this legal concept.
What is an operating mind?
100
The "fruit of the poisonous" tree doctrine refers to the historic US practice of doing this.
What is excluding illegally obtained evidence?
200
Unless exigent circumstances exist, this is the general location where strip searches must take place.
What is a police station?
200
The court has determined that whether the system of justice has been brought into a state of disrepute is a question that must be asked from this perspective.
What is the perspective of a reasonable person?
200
Section 14 of the Canada Evidence Act provides that a person may give this instead of swearing an oath.
What is solemn affirmation?
200
When this circumstance arises, an individual must be re-informed of their Section 10(b) rights.
What is a change in jeopardy?
200
The case of Tessling (2004) debated an individual's right to privacy concerning the emission of this substance.
What is heat?
300
The plain view doctrine suggests that seizable items do not have to meet this criteria.
What is relation to the offence being investigated?
300
Rules of evidence admissibility generally exist based on the notion that the search for truth is "this" type of truth.
What is a qualified search for truth?
300
The capacity to observe, recollect, and communicate make up this principle.
What is testimonial competence?
300
This Charter right has been said to exist primarily to protect other Charter rights, namely sections 7 and 13.
What is Section 10(b) (right to counsel)?
300
For a conversation to be considered private under Canadian law, the participants must have this.
What is a reasonable expectation of privacy?
400
The accused's possession/control of a place or thing that is being searched is one factor to consider when determining if this reality exists.
What is whether their expectation of privacy was objectively reasonable?
400
This is one of the three factors that the Supreme Court has ruled that courts must consider when determining whether the system of justice into a state of disrepute.
Name any (1) of (3).
400
Unless it can be saved by section 1 of the Charter, this clause presumably violates section 11(d) of the Charter.
What is the reverse onus clause?
400
This is the general reason why the courts test whether the accused's statements were the "product of an operating mind".
What is so they understand self-incrimination?
400
Generally, the reason that admissions are exempt from the hearsay rule is because people do not do this unless it is true.
What is admit something against their self-interest?
500
General or "catch-all" warrants (under s. 487.01) are not authorized for searches that interfere with this aspect.
What is bodily integrity?
500
Tricking an accused into confessing to an undercover officer posing as defence counsel would render the confession inadmissible because it violates this.
What is the accused's right to silence (Section 7)?
500
In Hodge's Case, it was determined that a jury should not convict on the basis of circumstantial evidence unless it was satisfied beyond a reasonable doubt that this was true.
What is guilt being the only reasonable inference?
500
In determining whether an individual is an "agent of the state" requires the court to first consider this:
What is whether the relationship between the accused and informer was materially affected...?
500
This burden of proof is often known as the "criminal standard"