Open AccessUnreal Distinctions: The Exclusion of Unfairly Obtained Evidence under S. 24(2) of the Charter
Author(s) -
Steven Penney
Publication year - 1994
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1161
Subject(s) - charter , law , discoverability , jurisprudence , interpretation (philosophy) , political science , section (typography) , law and economics , united nations charter , common law , sociology , philosophy , business , computer science , linguistics , human–computer interaction , security council , politics , advertising
This article begins with an examination of the historical treatment of illegally obtained evidence in common law jurisdictions outside of Canada. Pre- Charter Canadian law, as well as pre-Charter commentary and proposals for reform are also discussed. The article then examines post-Charter jurisprudence in Canada, exploring the problems and inconsistencies in the courts' interpretation of section 24(2). The author suggests that the distinction between real/self-incriminatory evidence as a basis for exclusion is philosophically and practically flawed, and should be abandoned in favour of an approach which considers the "discoverability" of the evidence in question.