R v Hart: A Welcome New Emphasis on Reliability and Admissibility

(2014) 12 Criminal Reports (7th) 298-303

6 Pages Posted: 10 Feb 2016 Last revised: 5 Mar 2016

See all articles by David M Tanovich

David M Tanovich

University of Windsor - Faculty of Law

Abstract

Until the Supreme Court of Canada decision in R v. Hart 2014 SCC 52, there was very little, if any, judicial regulation of the Mr. Big undercover investigative strategy. The Supreme Court approached the issue of admissibility using first principles to create a new exclusionary rule. By giving prominence to reliability as part of the probative value/prejudical effect analysis, the Court opened the door for assessing afresh the admissibility of other putatively unreliable evidence such as identification evidence.

Keywords: Canada, Evidence, Mr. Big, Admissibility, Reliability, Probative Value, Prejudicial Effect

Suggested Citation

Tanovich, David M, R v Hart: A Welcome New Emphasis on Reliability and Admissibility. (2014) 12 Criminal Reports (7th) 298-303. Available at SSRN: https://ssrn.com/abstract=2729430

David M Tanovich (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada
519-253-3000 (ext. 2966) (Phone)

HOME PAGE: http://www.uwindsor.ca/law/tanovich/

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