Document Type

Article

Publication Date

2011

Keywords

Criminal law, evidence, Supreme Court of Canada, principled approach

Abstract

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.

Comments

From the Selected Works of Robert Currie.

Publication Abbreviation

CCLR

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