What is the test for admitting or denying "real" evidence in a search and seizure case?
Alberta, Canada
The following excerpt is from R. v. Dostaler, 2003 ABQB 922 (CanLII):
In the case at bar, the evidence acquired by way of the impugned search and seizure was "real" evidence. In a significant number of cases evidence that was "real" has been admitted into evidence on the basis that it would not render the trial unfair: Regina v. Simmons (1988), 1988 CanLII 12 (SCC), 45 C.C.C. (3d) 296 (S.C.C.); Regina v. Jacoy (1988), 45 C.C.C. (3d) 47 (S.C.C.); Regina v. Wise (1992), 1992 CanLII 125 (SCC), 70 C.C.C. (3d) 193 (S.C.C.); Regina v. Grant (1993), 84 C.C.C. (3d) 773 (S.C.C.).
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