Report and Recommendations - Scottish Government

voluntarily made 44 but this is overlain by the rights in the Canadian Charter ofRights and Freedoms. A very interesting feature of Canadian jurisprudence isthat the court may admit evidence obtained in violation of a Charter right. It isworth quoting section 24(2) of the Charter in full:“Where…a court concludes that evidence was obtained in a mannerthat infringed or denied any rights or freedoms guaranteed by thisCharter, the evidence shall be excluded if it is established that, havingregard to all the circumstances, the admission of it in the proceedingswould bring the administration of justice into disrepute”.There is no equivalent to this in Convention jurisprudence, but continentalEuropean jurisdictions do not generally have exclusionary rules of evidence ofa type similar to those applied in countries operating broadly under thecommon law.Pre-Interview Briefing6.2.37 The provision of information in advance of an interview, and perhaps even ofthe likely questions, has been considered in other jurisdictions. In bothEngland and Wales and Northern Ireland the courts, in considering issuesrelating to the provision of information to suspects, have stressed theimportance of the police acting fairly and in good faith when questioningsuspects. However, the courts have not considered that fairness requires theprovision of any information, beyond the general nature of the suspected crime,prior to questioning.44 see the detailed analysis of the “Confessions Rule” in R v Oikle [2000] 2 SCR 3 by Iacobucci Jdelivering the majority Opinion187