Would the admission of the balloons in evidence constitute judicial condonation of unacceptable conduct by the investigatory or prosecutorial agencies?
Alberta, Canada
The following excerpt is from R. v. Stehr, 1988 ABCA 51 (CanLII):
Would the admission of the balloons in evidence have constituted judicial condonation of unacceptable conduct by the investigatory or prosecutorial agencies? Counsel for the respondent contends that it would. He contends that the conduct of the police in this case was unacceptable in that they acted on speculation. However, again the respondent bore the burden of establishing on a balance of probabilities that the conduct of the police was unacceptable. (Collins v. R. supra at p. 208.) She bore the burden of establishing that they acted on speculation. She did not discharge that burden. As I indicated above, she did not prove on a balance of probabilities that the police acted on suspicion, rather than knowledge. The respondent therefore failed to establish that if the balloons had been admitted in evidence, it would have constituted judicial condonation of unacceptable conduct on the part of the police.
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