Lessons from the Pupil: A Canadian Solution to the American Exclusionary Rule Debate

Abstract:     
Modern constitutional documents frequently incorporate specific restraints on police investigatory powers. These provisions typically supplement guarantees aimed at ensuring fair standards in the criminal process, for those detained or charged with a crime. Most of these documents echo themes first articulated in the United States' Bill of Rights and reiterated centuries later in the Universal Declaration of Human Rights.These recent global developments are not surprising. The potential for tyranny is constant, even in modern societies. Those drafting contemporary constitutional.documents need only recall the very recent experience in South Africa to be reminded of the dangers that flow from unchecked police powers.

Number of Pages in PDF File: 33

Accepted Paper Series