What kind of evidence obtained by the learned Chief Justice of Canada?

British Columbia, Canada


The following excerpt is from R. v. Hay, 1997 CanLII 558 (BC SC):

In considering the first question posed by the learned Chief Justice of Canada, namely what kind of evidence was obtained, and in considering his dicta on the matter of conscripted evidence, I do so in the context of the dicta enunciated in Stillman v. The Queen, 1997 CanLII 384 (SCC), 113 C.C.C. (3d) 321, where Cory, J. at page 350 noted, in writing on the distinction between conscripted and non-conscripted evidence: I have use the term "conscripted" to describe the situation where the police have compelled the accused to participate in providing self-incriminating evidence in the form of a confession or providing bodily samples.

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