What are the reasons for the exclusion of evidence of self-incrimination in a sexual assault case?
Alberta, Canada
The following excerpt is from R. v. Daley, 2001 ABCA 155 (CanLII):
The reasons in Stillman v. The Queen (1997), 1997 CanLII 384 (SCC), 113 C.C.C. (3d) 321 (S.C.C.), clearly explain the inherent connection between self-incrimination of an accused and trial unfairness as the factor fulfilling the first branch of the test for s. 24(2) exclusion of evidence.
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