“Excluding Evidence or Upholding Convictions? The Fine Line in R v Tim
S. 24(2) of the Canadian Charter of Rights and Freedoms is designed to allow for courts to exclude evidence that is obtained illegally and is a fundamental violation of a citizen's rights. However, R v Tim, a 2022 SCC case involving the validity of a conducted search, blurs the line on this right in some lenses. Although there was an admission of an illegal search, the SCC ruled to uphold the conviction regardless, as the violation was not done in a reckless manner.
R v Beaver: A “Fresh Start” for Police, Grave Endings for Charter Protection- exclusion of evidence
R v Beaver (Beaver) was a complicated case involving multiple accused, several Charter breaches, and numerous legal issues.
An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases
Less than 1 year ago we held an event: Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years where 150 students & lawyers attended. Vol 43(3) of Manitoba Law Journal emerged and Prof Michael Nesbitt and I Wylie wrote an important paper on An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019.
Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, & the USA by Kent Roach
Less than 1 year ago we held an event: Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years where 150 students & lawyers attended. Vol 43(3) of Manitoba Law Journal emerged and Prof Kent Roach wrote an important comparative piece on Compensation, Proportionality, and Non-Repetition.
Intersection of Police Work, the Charter and Criminal Law in Canada
This article was written to review three cases in the area of criminal law and to bring reflection to the Charter of Rights and Freedoms. I
