his ruling focusing on conducting a fair trial and protect the accused from

His ruling focusing on conducting a fair trial and

This preview shows page 3 - 5 out of 7 pages.

his ruling focusing on conducting a fair trial and protect the accused from unjust conviction but does not consider the character of the evidence and the behavior and discipline of the police in sourcing the evidence as it is not a judicial function (Machado, 2006). The American judicial system reflected the British where illegally obtained evidence was held viable. The ruling monarchs gave search and seizure warrants and their validity was until the end of their lifetime. The warrant was not specific to any person or place, was not secured by an oath before a magistrate and no probable cause was necessary. The searching argent had the freedom to decide the breath of his search and seizure. The Fourth Amendment brought all this abuse to an end. The Canadian public law and constitutional structure used the British individual laws and Parliamentary supremacy. Individual rights were not entrenched, and therefore the courts could not override valid governmental actions. Since 1982, Canada experienced a struggle in the design of the legal structure to bring in balance in rights with the need to desire to behedge crime. Canada is one of the most recent nations to address the search and seizure laws, having an advantage of comparing American innovation with the British traditions. Canadian civil libertarians made appeals to the judicial committee of the privy council in London in the push for protection and individual rights to be reconsidered. The Canadian cultural and historical traditions supported the British common law, but until 1960, the Canadians codified and formalized the protected individual liberties in their bill of rights. It was the idea of civil libertarians such as John Diefenbaker, the Prime Minister, to specify and commit to writing the rights of Canadian citizenry (Machado, 2006). In a case, R. v. Wrath in 1970, Canada continued to violate the search and seizure by following the common law tradition. Wrath was forced to confess the murder of a station attendant. He directed the
Image of page 3

Subscribe to view the full document.

THE EVOLUTION OF SEARCH AND SEIZURE 4 police to a firearm which the police linked it to the murder. The judge excluded the evidence on the basis of how the evidence was obtained. After an appeal on the case, Canadian Supreme Court overruled the Court of Appeal. They argued that that had no discretion to exclude evidence of substantive probative value by considering how it was obtained. The court used the Privy Council opinion of Kuruma, that administration of justice includes how the evidence could be used in the courtroom not manner it was obtained.
Image of page 4
Image of page 5
  • Winter '15
  • Law, Supreme Court of the United States, US Supreme Court

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes