EVIDENCE, 10 - THE EXCLUSION OF ILLEGALLY OBTAINED EVIDENCE

• NCJ Number: 37769
• Author(s): ANON
• Date Published: 1974
• Length: 77 pages
• Corporate Author: Lea and Febiger
• Publication Format: Document
• Language: French; English
• Country: Canada

Annotation

PART OF THE EVIDENCE PROJECT OF THE LAW REFORM COMMISSION OF CANADA, THIS PAPER DISCUSSES COMPROMISES BETWEEN THE AMERICAN SCHOOL OF THOUGHT (EXCLUSION) AND THE ANGLO CANADIAN SCHOOL (ADMISSION).

Abstract

THIS PAPER ATTEMPTS TO PROVIDE THE ELEMENTS OF A SOLUTION TO THE FOLLOWING PROBLEM: WHERE ILLEGALLY OBTAINED EVIDENCE IS DEEMED TO BE RELEVANT AND TRUSTWORTHY, SHOULD IT BE ADMISSIBLE, LEAVING THE TASK OF REPRESSING THE ILLEGAL ACTS INVOLVED TO OTHER TECHNIQUES (CRIMINAL, TORTIOUS OR DISCIPLINARY SANCTIONS)? OR SHOULD SUCH EVIDENCE BE EXCLUDED EVEN THOUGH IT IS RELEVANT AND RELIABLE, PLACING LOYALTY TO THE RULE OF LAW ABOVE CONSIDERATIONS OF EFFICIENCY, CLEARLY INDICATING ON THE ONE HAND DISAPPROVAL OF THE ILLEGAL ACTS INVOLVED, WHILE ON THE OTHER HAND CONFIRMING THE SUPREMACY OF CERTAIN FUNDAMENTAL RIGHTS OVER THE SEARCH FOR TRUTH? SEE ALSO NCJ-37766, 70, AND 71. (AUTHOR ABSTRACT) --IN ENGLISH AND FRENCH