Il est de la responsabilité de la Cour de contrôler les procédures, y compris l'audition de requête présentée en vertu de la Charte

R. v. Bains, 2010 BCCA 178 (CanLII)

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[69]           There is no absolute right to a voir dire merely because an accused chooses to allege a Charter violation. An applicant must show that a voir dire is necessary and would assist the “proper trial of the real issues”. This threshold test was summarized by Chief Justice McEachern in Vukelich:

[26]      Based on these authorities, it does not follow that an accused is always entitled as of right to a voir dire in the course of a criminal trial in order to challenge the constitutionality of a search. The trial judge must control the course of the proceedings, and he or she need not embark upon an enquiry that will not assist the proper trial of the real issues.

[76]           As was noted in Vukelich, it is the responsibility of the trial judge to control the course of the proceedings. This involves the exercise of discretion for which this Court must show deference, absent an error in principle. I am not persuaded that the trial judge erred in principle in his application of the threshold test in Vukelich. I would not accede to this ground of appeal.