Chapter 7

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1. The fruit of the poisonous tree doctrine refers to a rule in the United States, where the Supreme Court developed an exclusionary rule for illegally obtained evidence.

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2. If a law violates our rights under the Charter, the evidence gathered under it will be excluded under section 24(2) of the Charter.

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3. The court cannot exclude evidence under section 24(1) if section 24(2) applies.

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4. Evidence obtained in a manner that violates an accused's rights is excluded under section 24(2) of the Charter if its admission could bring the administration of justice into disrepute.

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5. One of the rationales for excluding evidence under section 24(2) of the Charter is the imperative of judicial integrity, which incorporates the goals of enabling the judiciary to avoid the taint of partnership in official lawlessness and of maintaining popular trust in government.

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6. Generally, the person who claims that his or her rights are violated under the Charter by the gathering of evidence has the onus of proving beyond a reasonable doubt that the evidence should be excluded under section 24(2) of the Charter.

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7. For section 24(2) of the Charter to apply, there must be a causal connection between the manner in which the evidence was obtained and the gathering of the evidence.

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8. Whether the admission of evidence would bring the administration of justice into disrepute is a question of fact and must be decided by the jury, not by the judge.

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9. According to the Supreme Court of Canada, the best evidence of what would bring the administration of justice into disrepute is evidence of public opinion.

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10. Generally, nonconscriptive evidence will render the trial unfair.

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