Is there an exception to the general exclusionary rule that an accused must only answer the specific charge contained in the indictment?

Canada (Federal), Canada

The following excerpt is from R. v. Handy, [2002] 2 SCR 908, 2002 SCC 56 (CanLII):

43 As set out in the dissenting reasons of Dickson J., concurred in by Laskin C.J., in Leblanc v. The Queen, 1975 CanLII 190 (SCC), [1977] 1 S.C.R. 339, at p. 345: “There is, however, a limited but legitimate area of exception to the general exclusionary rule that the accused has only to answer the specific charge contained in the indictment.”

Other Questions


Where a general rule is that there are exceptions to the general rule, and other exceptions are not implied or presumed, are there other exceptions? (MultiRegion, United States of America)
What is the test for error in a case where a jury rejected the charge of second degree murder because the accused had made threats against the accused? (MultiRegion, United States of America)
Does the amendment to a criminal indictment make the indictment void as to all charges? (MultiRegion, United States of America)
In what circumstances will a search warrant be sought for a specific, closed container believed to contain contraband? (MultiRegion, United States of America)
In a superseding indictment, where there is no specific date set forth in the original indictment, what is the current state of the law on time? (MultiRegion, United States of America)
What remedy does a defendant have if the indictment does not contain sufficient facts to apprise him of the charge against him? ("New York", United States of America)
Is there a constructive amendment to an indictment under section 922(g) of the Criminal Code when evidence that the firearm travelled in and affecting commerce supports a crime other than that charged in the indictment? (MultiRegion, United States of America)
Does a government agent induce the accused to commit the crime charged in the indictment? (MultiRegion, United States of America)
Is an indictment charging the accused with conspiracy to commit the crime of subornation of perjury sufficient? (MultiRegion, United States of America)
What evidence supports a jury finding there was a general conspiracy as charged in the indictment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.