Assessing Trends in the Application of the Exclusionary Rule at the Provincial Appellate Level: Retrenchment of Rights at the O. C. A.

The Atrium, University of Guelph Institutional Repository

Assessing Trends in the Application of the Exclusionary Rule at the Provincial Appellate Level: Retrenchment of Rights at the O. C. A.

Show full item record

Title: Assessing Trends in the Application of the Exclusionary Rule at the Provincial Appellate Level: Retrenchment of Rights at the O. C. A.
Author: Hirschorn, Jessica
Department: Department of Political Science
Program: Criminology and Criminal Justice Policy
Advisor: Baker, Dennis
Abstract: Although debates surrounding the exclusionary rule are as old (indeed, older) than the rule itself, the Supreme Court’s recent decision in Grant has renewed debates over the principle and application of the rule. This thesis empirically assesses trends in the admission of improperly obtained evidence at the Ontario Court of Appeal (O.C.A.) with the aim of drawing some preliminary conclusions about the nature of judicial decision-making. Utilizing all O.C.A. cases involving consideration of s. 24(2) from the enactment of the Charter in 1982 to December 31st 2010, this study aims to reveal and understand trends in the exclusion of evidence in terms of the characteristics of the evidence, type of rights found to be violated, individual judicial characteristics and deference to lower courts while paying particular attention to the effect of precedent on the outcome.
URI: http://hdl.handle.net/10214/2889
Date: 2011-08-26


Files in this item

Files Size Format View Description
Jessica Hirschorn MA Thesis.pdf 630.2Kb PDF View/Open PDF document

This item appears in the following Collection(s)

Show full item record

Search the Atrium


Advanced Search

Browse

My Account