What is the test for admitting evidence of obstruction?
Saskatchewan, Canada
The following excerpt is from R. v. Checkosis, 1999 CanLII 12431 (SK PC):
10. Furthermore, pursuant to s.24(2) of the Charter, and applying the principles contained in Regina v. Stillman 1997 CanLII 384 (SCC), [1997] 5 C.R. 5th 1, I must conclude that the admission of the evidence of obstruction would render the trial unfair and it would bring the administration of justice into disrepute. The evidence is therefore excluded, and as a result, the accused is found not guilty. ISSUE: Was the peace officer engaged in the lawful execution of his duty in his contact with the accused after the officer discovered his own mistake in identification?
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