CRIM 330 Lecture Notes - Lecture 11: Exigent Circumstance, Voir Dire, Police Misconduct
8 Apr 2017
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Crim330 week 11: remedies exclusion of evidence, judicial stay for abuse of process: v. paterson (2017) Application of voluntariness rule in a charter voir dire to determine admissibility of evidence. Context of a warrantless entry of a private reside to collect roaches for disposal does not count as . Exclusion of evidence and good faith on the part of the police. Moving to the middle ground between truth vs. justice. Last 3 lines provides discretion: trial fairness, seriousness of the breach, effect of admission/exclusion on a of j. French translation of charter: v. collins (1987) Everyone case should look at 3 factors: Set the foundation for 24(2) jurisprudence for over 20 years. Various factors subsumed under the 3 headings: The more important the right, the more chance of it being excluded. Importance of the evidence to the crown"s case. Often takes form of a confession: v. burlingham (1995)
