Justice Doherty concluded, at paras. 73 - 4, that Justice Ray had allowed the seriousness of the charge to overwhelm the exclusion analysis and adopted what Justice S.D. Frankel said in R v Ahmed - Kadir, 2015 BCCA 346, at para. 111: «The importance of maintaining respect for Charter rights and ensuring that the justice
system is above reproach outweighs the collective cost of his acquittal.»