The facts in the Collins case are, apparently, unremarkable, at least in British Columbia. Ruby Collins and her husband, Richard, had been under surveillance by constables from the R.C.M.P. Drug Squad. At 2:50 p.m., Ruby Collins was observed in a tavern in Gibsons, British Columbia, in the company of two other persons. At 3:35 p.m. they were joined by Richard Collins and another person. Shortly thereafter, Richard and one of the others left the tavern. They were followed by the R.C.M.P. officers and subsequently arrested. Richard Collins was searched and a quantity of heroin was found. At 4: 15 p.m. the officers returned to the pub and observed Ruby Collins in the company of another woman at a different table. One officer approached her at a quickened pace, grabbed her by the throat to prevent her swallowing anything that might be in her mouth, and identified himself as a police officer. In doing so, the officer used considerable force. In the process of applying the choke-hold procedure, the constable noticed a green item in Ruby Collins' hand. He told her to drop the item on the floor. She did so. The item seized was a green balloon containing heroin. Ruby Collins was charged with possession of heroin for the purpose of trafficking.

1- The seriousness of theCharter-infringing conduct (focusing on a review of how society would view the actions of the state)

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2- The impact of the breach on theCharter-protected interests of the accused (focusing on a review of how the state's actions affected the accused)

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3- Society's interests in the adjudication of the case on its merits (focusing on a review of the importance and reliability of the evidence)

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Should the evidence be admitted? Yes or No? Explain in detail.

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Answer rating: 100% (QA)

To determine whether the evidence should be admitted in the Collins case we need to consider the three factors mentioned the seriousness of the Charte... View the full answer