Improperly or Illegally Obtained Evidence: The Exclusionary Evidence Rule in Canada

DATE

December 1, 2005

AUTHORS

Eileen Skinnider

YEARS

2005

POLICIES

Access to Justice / Justice Efficiency

Improperly or Illegally Obtained Evidence: The Exclusionary Evidence Rule in Canada

This paper includes an exploration of the underlying basis for such a remedy provision in Canada, including a brief description of our international obligations to ensure everyone has the right to an effective remedy. The application of the exclusionary rule by the courts in Canada will be discussed through a description of the more important case law of the Supreme Court of Canada. Finally, some of the main critiques of the case law as well as some suggestions for reform will be examined.

DOCUMENTS (1)

Eileen Skinnider

Senior Associate

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