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).
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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). (en)
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Dissent
| - L'Heureux-Dubé J (en)
- Gonthier J (en)
- MacLachlin J (en)
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JoinMajority
| - Lamer C.J. and La Forest, Sopinka, Cory and Iacobucci (en)
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LawsApplied
| - R v Legere , 89 NBR 361; R v Paul , 155 NBR 195 (en)
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citations
| - [1997] 1 SCR 607, 185 NBR 1, 185 NBR 1, 144 DLR 193, 113 CC 321, 42 CRR 189, 5 CR 1 (en)
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| - Judgment for the Crown in the New Brunswick Court of Appeal (en)
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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). The case would later be replaced by the Supreme Court of Canada's decision in R v Grant. (en)
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| - William Wayne Dale Stillman v Her Majesty The Queen (en)
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