In Canada, evidence can be excluded pursuant to a constitutional violation under section 24(2) of the Charter of Rights and Freedoms, but only where it was “obtained in a manner”. What does this term mean? It’s explained in this video.
In this video blog, I look at the decision of the Ontario Court of Appeal in R v Khan, 2017 ONCA 114, and the division in the Court regarding how best to approach questions of evidentiary admissibility. Is it better to approach evidentiary problems with a system of rules and exceptions, or should a “principled approach” be adopted? It’s a good question, and one I address in some depth. There are no easy answers here, as both approaches have benefits and drawbacks.
In this video blog I explore a recent decision of the British Columbia Court of Appeal and its findings on section 252 – the “hit and run” section of the Criminal Code. This blog ultimately implores the federal government to reform the Code, as this section is just one of many suffering from some troublesome drafting.
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Tendering admissions made by the defendant in a criminal case is easy – except when there is reason to dispute whether it was the defendant who actually made the statement. Then things can get complicated in a hurry. This Video Blog attempts to sift through some contradictory jurisprudence and provide a framework for admitting statements in these situations.