The Robichaud Report

Ep.1: 24(2), The Myth of the Reasonable Person, and the Deprioritization of Truth in Rights’ Based Reasoning Under the Charter


Listen Later

In this episode I discuss the decision of R. v. Harvey (recently dismissed from the Supreme Court of Canada without Reasons) as an example of how the exclusionary rule of evidence is applied under the Charter of Rights and Freedoms in Canada. I use this case, in comparing it with another with similar facts, in emphasizing the highly subjective nature of Charter exclusion despite it being masked under a mythical archetype of the "reasonable person". I further explore the deprioritization of truth in rights-based reasoning under Canadian jurisprudence.

...more
View all episodesView all episodes
Download on the App Store

The Robichaud ReportBy Sean Robichaud