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Report No. 94

6.5. Ontario Law Commission.-

It may be of interest to refer here to certain moves for reform in Canada. The Ontario Law Reform Commission has recommended legislation to reconcile the interest in avoiding illegality and the interest in admitting probative evidence. The proposed provision would read this way:-

"In a proceeding where it is shown that anything tendered in evidence was obtained by illegal means, the court, after considering the nature of the illegality and all the circumstances under which the thing tendered was obtained, may refuse to admit it in evidence if the court is of the opinion that because of the nature of the illegal means by which it was obtained its admission would be unfair to the party against whom it is tendered."1

1. Stanley Schiff Evidence in the Litigation Process, (1978), Vol. 2, p. 961.

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

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