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Criminal Procedure

Schulich School of Law, Dalhousie University

Articles, Book Chapters, & Popular Press

Series

2011

Articles 1 - 2 of 2

Full-Text Articles in Law

The Evolution Of The Law Of Evidence: Plus Ça Change…?, Robert Currie Jan 2011

The Evolution Of The Law Of Evidence: Plus Ça Change…?, Robert Currie

Articles, Book Chapters, & Popular Press

Originally prepared as a CLE backgrounder for criminal lawyers, this article provides a brief and occasionally critical account of developments in the law of evidence over the last three or so decades. Particular attention is paid to the Supreme Court of Canada’s introduction and development of the “principled approach.” It is argued that this framework has been most successful where it has coalesced into a more traditional-looking “rules-based” stance, albeit one based in principle, and less so where looser tests of principle have been given freer rein.


Keeping 'Reasonable Grounds' Meaningful, Steve Coughlan Jan 2011

Keeping 'Reasonable Grounds' Meaningful, Steve Coughlan

Articles, Book Chapters, & Popular Press

Two recent Court of Appeal cases (R. v. Jir and R. v. Bush, both reported ante, pp. 53 and 29) are examples of tendencies in some recent decisions to weaken the "reasonable grounds" standard for arrest. That the reasonable grounds standard for arrest is important is beyond question. As the Supreme Court of Canada has said, Without such an important standard, even the most democratic society could all too easily fall prey to the abuses and excesses of a police state. In subtle and sometimes unintentional ways, however, the reasonable ground standard is being undermined. This short article will examine …