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Report No. 94

Chapter 6

Position in Canada

6.1. General approach upto 1971.-

In general, as a matter of ordinary law, it was presumed before 1971 that Canadian law would recognise a discretion in a criminal court to exclude evidence illegally obtained, on the same lines as was the position in England as understood1 before 1978.

1. Chapter 4, supra.

Evidence Obtained Illegally or Improperly - Proposed Section 166a of the Indian Evidence Act, 1872 Back

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