Special Issues with Right to Counsel: Difference between revisions
m Text replacement - "/ref> M" to "/ref> M" |
m Text replacement - "/ref> T" to "/ref> T" |
||
| Line 5: | Line 5: | ||
The court have adopted a "purposive and generous approach" when considering tainting by earlier Charter breaches. The accused does not need to establish a strict causal relationship between the breach and subsequent statement. The statement is tainted where the breach and subsequent statement were "part of the same transaction or course of conduct.<ref> | The court have adopted a "purposive and generous approach" when considering tainting by earlier Charter breaches. The accused does not need to establish a strict causal relationship between the breach and subsequent statement. The statement is tainted where the breach and subsequent statement were "part of the same transaction or course of conduct.<ref> | ||
{{supra1|Strachan}}{{Atp|1005}}</ref> The connection is "temporal, contextual, causal, or combination of the three."<ref> | {{supra1|Strachan}}{{Atp|1005}}</ref> | ||
The connection is "temporal, contextual, causal, or combination of the three."<ref> | |||
''R v Plaha'', [http://canlii.ca/t/1hq89 2004 CanLII 21043] (ONCA){{perONCA|Doherty JA}}{{at|45}}</ref> | ''R v Plaha'', [http://canlii.ca/t/1hq89 2004 CanLII 21043] (ONCA){{perONCA|Doherty JA}}{{at|45}}</ref> | ||