This is an area that has been
significantly affected by recent jurisprudence.
This week's debating
proposition:
"In recent years, fundamental
criminal law rights, such as the right against search and seizure, the
right against arbitrary detention, the right to silence and the right to
counsel, and the right to a fair remedy of exclusion of unconstitutional
evidence have been undercut inappropriately. There is supposed to be a balance
between control of state and police power and protection of the rights of
the person on the one hand and on the other hand furthering effective law
enforcement. The balance is
currently wrong: the latter is inappropriately favoured over the
former. Recent developments are negative."
(1) Section 8 (right against search and
seizure) - we will discuss the following cases (feel free to refer to
others):
R. v. Edwards, [1996] 1 S.C.R. 128.
R. v. M. (M.R.), [1998] 3
S.C.R. 393.
R. v. Tessling, [2004] 3
S.C.R. 432.
R. v.
Kang-Brown, 2008 SCC
18.
(Feel free to
contrast with earlier s. 8 cases, e.g., Hunter
v. Southam Inc., [1984] 1 S.C.R.
145.)
(2) Rights against
arbitrary detention, the right to silence and the right to counsel -
investigative detentions:
R. v. Grant, 2009
SCC 32.
R. v. Suberu, 2009 SCC
33.
(Feel free to refer to others such as R. v. Mann, [2004] 3
S.C.R. 59 and R. v. Clayton, 2007 SCC 32 if you
want.)
