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Report No. 94

6.6. Proposed Evidence Code (Canada).-

Section 15 of the proposed Evidence Code, (Canada), while not addressed directly to the precise problem here, attempts a more difficult compromise encompassing illegally obtained evidence.1

"15. (1) Evidence shall be excluded if it was obtained under such circumstances that its use in the proceedings would tend to bring the administration of justice into disrepute.

(2) In determining whether evidence should be excluded under this section, all the circumstances surrounding the proceedings and the manner in which the evidence was obtained shall be considered, including the extent to which human dignity and social values were breached in obtaining the evidence, the seriousness of the case, the importance of the evidence, whether any harm to an accused or others was inflicted wilfully or not, and whether there were circumstances justifying the action, such as a situation of urgency requiring action to prevent the destruction or loss of evidence."

1. Stanley Schiff Evidence in the Litigation Process, (1978), Vol. 2, p. 961; Law Reform Commission of Canada, Report from Evidence (1975), p. 22.



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




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