Exclusionary Rules in Canada and the United States

Steven Leckie


During the course of investigation, police occasionally gather evidence by conduct which infringes constitutionally guaranteed rights. This type of evidence is subject to exclusionary rules in both Canada and the United States. Both jurisdictions have struggled in dealing with evidence derived from a constitutional infringement. While the American position seems largely settled, Canadian courts continue to grapple with the issue. This note compares and contrasts the two approaches and suggests that Canada and the United States exclude evidence for fundamentally different purposes.

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