The appellant was charged with second degree murder after her spouse was found with a gunshot wound to the head.
The trial judge found that the police had systematically violated the appellant's Charter rights, including conducting warrantless searches of her home, detaining her without advising her of the reasons or her right to counsel, and violating her right to silence.
The trial judge excluded all evidence under s. 24(2) of the Charter, leading to an acquittal.
The Court of Appeal ordered a new trial, finding that the physical evidence should not have been excluded because it was discoverable and the police had not deliberately acted abusively.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the Court of Appeal erred in substituting its view of the police conduct for the trial judge's and in placing undue weight on the discoverability of the evidence.
