Exclusion of Evidence Obtained in Violation of Fundamental Rights in New Zealand and Canada

Journal of Commonwealth Criminal Law, Vol. 1, No. 2, pp. 345-356

Posted: 4 Jan 2012

Date Written: January 4, 2012

Abstract

Whilst the police’s ability to investigate crime depends upon their possession of coercive powers, such powers equip them to incur significantly upon fundamental rights, as protected in domestic and international law, in the course of investigations. This note examines the approach taken by the Supreme Courts of New Zealand and Canada to appellants seeking exclusion of evidence against them which was obtained through violation of their rights.

Keywords: human rights, comparative law, criminal law, actions against the police, right to a fair trial

JEL Classification: K14, K19, K39, K42

Suggested Citation

Clark, Paul Kingsley, Exclusion of Evidence Obtained in Violation of Fundamental Rights in New Zealand and Canada (January 4, 2012). Journal of Commonwealth Criminal Law, Vol. 1, No. 2, pp. 345-356, Available at SSRN: https://ssrn.com/abstract=1979442

Paul Kingsley Clark (Contact Author)

Garden Court Chambers ( email )

57-60 Lincoln's Inn Fields
34 Chancery Lane
London, WC2A 3LJ
United Kingdom

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