Marshalling the Data: An Empirical Analysis of Canada’s s. 24(2) Case Law in the Wake of R. v. Grant

Canadian Criminal Law Review, Vol. 15, No. 2, 2011

24 Pages Posted: 23 Feb 2011 Last revised: 15 May 2011

See all articles by Mike Madden

Mike Madden

University of Ottawa, Faculty of Law

Date Written: February 22, 2011

Abstract

This article canvasses the various reasonable predictions that were made by commentators about the likely impact of the Supreme Court of Canada’s decision, R. v. Grant, on constitutional exclusionary patterns under s. 24(2) of the Canadian Charter of Rights and Freedoms. The article then presents empirical data from a study of 100 post-Grant decisions that measures how often, under what circumstances, and what type of, evidence is excluded using the new Grant test. Ultimately, the article argues that Grant is being applied by courts in a manner that is inconsistent with both the reasonable predictions of informed commentators, and the apparent intent of the Grant majority.

Suggested Citation

Madden, Mike, Marshalling the Data: An Empirical Analysis of Canada’s s. 24(2) Case Law in the Wake of R. v. Grant (February 22, 2011). Canadian Criminal Law Review, Vol. 15, No. 2, 2011, Available at SSRN: https://ssrn.com/abstract=1767472

Mike Madden (Contact Author)

University of Ottawa, Faculty of Law ( email )

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