R v Griffith

Document Type

Response or Comment

Publication Date



Charter of Rights and Freedoms, Arbitrary Detention or Imprisonment, Arrest or Detention, Right to Counsel, Right to Retain and Instruct Counsel Without Delay, Charter Remedies, Exclusion of Evidence, Sentencing Procedure and Principles, Principles of Sentencing, Mitigating Factors, Section 9, Section 10, Section 24


In R v Omar, 2019 SCC 32, in a very brief oral decision, the majority concluded that evidence of a firearm ought not to be excluded on the facts of that case. They added, however, that "[i]t may be that consideration should be given to the availability, under s 24(1) of the Canadian Charter of Rights and Freedoms, of remedies other than exclusion of evidence when dealing with s 24(2), but the majority would leave this question for another day" [para 1]. Griffith is an indication that judges and counsel are taking up this invitation to explore the alternatives to exclusion.


Case comment on R v Griffith, 2021 ONCA 302.