What little actual use there is in the current Canadian Charter of Rights and Freedoms is being steadily undermined by the courts. This is just the latest move to make the concept of "rights" a mockery in Canadian jurisprudence:
The Ontario Court of Appeal yesterday approved the use of evidence obtained through flagrant police misconduct, saying any black eye caused to the justice system is outweighed by public interest in prosecuting a serious crime.
In a decision that even one of their fellow judges finds intolerable, a majority of the court upheld a trial judge's decision to admit evidence of 35 kilos of cocaine found in Bradley Harrison's rented SUV – despite the judge's finding an OPP officer had no legal grounds to stop the vehicle, seriously infringed the Toronto man's Charter rights and misled a court while trying to justify his actions.
The 2-1 ruling is the latest in a line of recent decisions in which the court has been accused of weakening Charter protections by refusing to exclude evidence obtained unlawfully. In a case last fall involving a gun found in a backpack at Westview Centennial Secondary School, the court said throwing out reliable evidence because of Charter violations must be balanced against public concerns about escalating gun violence.
So the message is two-fold: first, that the courts will back the police in any blatant abuse so long as the perp can be convicted, and second, that there really isn't any protection of rights in the Canadian justice system anyway.
Sweet. If you're a cop looking to harass people, that is.
H/T to Jon, my virtual landlord, for the link.
Posted by Nicholas at February 13, 2008 10:21 AM
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