Marshalling the Data: An Empirical Analysis of Canada's Section 24(2) Case Law in the Wake of R. v. Grant.

Autor: Madden, Mike
Předmět:
Zdroj: Canadian Criminal Law Review; Apr2011, Vol. 15 Issue 2, p229-251, 23p
Abstrakt: The article focuses on the R. v. Grant decision of the Supreme Court of Canada on the constitutional exclusionary of section 24(2) of the Canadian Charter of Rights and Freedoms. It examines the predictions from commentators on the impact of the decision to lower courts application of the charter. It says that the decision changes the constitutional exclusionary rule that deals with the evidences that was gathered in a way that infringe the right of an accused person. Some commentators argues that the decision will not affect lower court decision on exclusionary rule. However, based on the 100-post lower court decision, the R. v. Grant was cited as the basis for the exclusion of the evidences. It adds that the application of the decision are inconsistent with the intention of the judges.
Databáze: Supplemental Index