The rationale for this approach was articulated by Moldaver J.A. in United States v. McDowell as follows: …there is good reason for Canada to insist that evidence gathered in Canada conform substantively with our rules of evidence. such a rule does not place an onerous burden on the requesting partner. It does however preserve the integrity of our justice system by affording fugitives the protection of our laws and values while they remain in Canada. In that way, the Act provides a front-line check on the methods used by both foreign and domestic law enforcement agencies to collect evidence in Canada.
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