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
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: Suggested Citation