R v Harrison
| R v Harrison | |
|---|---|
| Hearing: December 9, 2008 Judgment: July 17, 2009 | |
| Full case name | Bradley Harrison v. Her Majesty The Queen |
| Citations | 2009 SCC 34 |
| Docket No. | 32487 |
| Prior history | Judgment for the Crown in the Court of Appeal for Ontario. |
| Ruling | appeal allowed and acquittal entered |
| Holding | |
| To appear to condone wilful and flagrant Charter breaches amounting to a significant incursion on the accused’s rights does not enhance, but rather undermines, the long‑term repute of the administration of justice. The public expects police to adhere to higher standards than alleged criminals. | |
| Court membership | |
| Chief Justice: Beverley McLachlin Puisne Justices: Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein | |
| Reasons given | |
| Majority | McLachlin C.J. (paras. 1-43), joined by Binnie, LeBel, Fish, Abella, and Charon JJ. |
| Dissent | Deschamps J. (paras. 44-74) |
R v Harrison [2009] S.C.R., 2009 SCC 34 is a decision of the Supreme Court of Canada on section 24(2) of the Canadian Charter of Rights and Freedoms. The decision was a companion case of R v Grant, and applied the Supreme Court's new test to determine when evidence obtained from a Charter breach should be excluded.