Explain the meaning of the phrase in this section of the Canadian Charter of Rights and Freedoms: "would bring the administration of justice into...


The Canadian system of justice is similar to the American system in several aspects, one of which is lawful search and seizure and another of which is the right of the accused to know the charges against them. The Canadian Charter of Rights and Freedoms helps preserve the right of the individual against the powers of the state. Thus, this document ensures that individuals have legal recourse should the state (local, regional, or national) act without following the laws as they are written.

A well-known example of individual rights that shows up in almost every police TV show is the Miranda warning (or rule). This is the phrase police are required to tell the person arrested, the key part being "You have the right to remain silent. Anything you say can and will be used against you in the court of law."

The Canadian system isn't the same, because Miranda doesn't extend there. However, the Canadian Charter does give some rights to the accused. One of these is how evidence is collected. If the evidentiary rules are not followed, then the case can be thrown out of court. If "evidence was obtained in a manner that infringed or denied any rights or freedoms [of the Charter]" then the justice system has failed.

The phrase "would bring the administration of justice into disrepute" simply means "would cast doubt on whether justice [the evidence] is reliable or believable." In other words, faith in the evidence disappears when it is collected illegally or in any way that violates individual rights.

To be clearer, search of someone's home or car illegally—without the proper paperwork, without following the correct procedures, or without informing the accused of what is going on—means whatever is found, no matter how bad it looks, isn't any good in court. One good reason for this is that evidence—such as drugs or a weapon—can be planted by law enforcement.

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