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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.
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.