Cory J. provided a definition of conscriptive evidence, at p. 353: Evidence will be conscriptive when an accused, in violation of his Charter rights, is compelled to incriminate himself at the behest of the state by means of a statement, the use of the body or the production of bodily samples. This trend was also noted by the trial judge in this case. At T., pp. 93-94 he wrote: Since Mellenthin the sands appear to have shifted. I have not found, nor have I had cited to me, any cases resulting in the exclusion of non-conscriptive evidence found in the course of an unreasonable search and/or where the accused was not advised forthwith of his right to counsel, unless the violation was manifestly a serious one and reflected some degree of bad faith on the part of the police, particularly where the allegation involves a substantial amount of drugs or is otherwise a serious one. To the contrary, elsewhere and certainly in this province, the clear trend has been in favour of admissibility. On the basis of these authorities I am unable to classify the large quantity of marijuana and cash found in the trunk of the appellant's car as conscripted evidence. I think it must be regarded as real evidence, the admission of which would not usually bring the administration of justice into disrepute under the rule stated in Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 (S.C.C.).
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