R v Stillman
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
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R v Stillman [1997] 1 SCR 607, 1997 SCC 32 was a leading decision of the Supreme Court of Canada on section 24(2) of the Constitution of Canada which allowed for the exclusion of evidence that is obtained in a manner that infringes the Charter. The two-step Stillman test was developed for determining whether the admission of evidence that was obtained through a breach of a Charter right would affect the fairness of the trial. The issue of trial fairness comes into play when applying the first step of the Collins test to exclude evidence under section 24(2).
Quick Facts R v Stillman, Hearing: January 26, 1996November 7, 1996 Judgment: March 20, 1997 ...
R v Stillman | |
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Hearing: January 26, 1996 November 7, 1996 Judgment: March 20, 1997 | |
Full case name | William Wayne Dale Stillman v Her Majesty The Queen |
Citations | [1997] 1 SCR 607, 185 NBR (2d) 1, 185 NBR (2e) 1, 144 DLR (4th) 193, 113 CC (3d) 321, 42 CRR (2d) 189, 5 CR (5th) 1 |
Prior history | Judgment for the Crown in the New Brunswick Court of Appeal |
Court membership | |
Reasons given | |
Majority | Cory J (paras 1–129), joined by Lamer C.J. and La Forest, Sopinka, Cory and Iacobucci |
Concurrence | Major J (paras 273–279) |
Dissent | MacLachlin J (paras 130–192) |
Dissent | L'Heureux-Dubé J (paras 194–272) |
Dissent | Gonthier J (para 193) |
Laws applied | |
R v Legere (1988), 89 NBR (2d) 361; R v Paul (1994), 155 NBR (2d) 195 |
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The case would later be replaced by the Supreme Court of Canada's decision in R v Grant.