CRIM 330 Final: Crim330- Final Material
25 Jan 2018
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Document Summary
The law of criminal procedure is meaningless unless the crown can prove its case, and to prove its case the crown requires evidence. Our system is about a qualified search for truth , a search for legal truth rather than simply a search for factual truth. An unfettered search for factual truth would mean accepting greater state powers and a corresponding diminishing of individual rights and freedoms. It is when the state has or may have gone too far in gathering evidence (thus violating rights and freedoms) that the question of admissibility of evidence arises. The legal status of illegally obtained evidence in canada today didn"t arise without a context. Historically under the common law illegally obtained real evidence was admissible at trial: It matters not how you get it; if you steal it even, it would be admissible as evidence (leatham, 1861)
