Stillman to Grant: When Form Becomes Substance
Author(s): Aileen Cheon-Hayes
Publication Date: April 2012
Format: PDF
Part of: 2012 National Criminal Justice Conference:
Seven, Eight, Nine: Silence, Searches and Detention
Full Binder
Description
In this paper I will canvass the changes ushered in by Grant as compared to the former Collins-Stillman framework. I will suggest certain flaws in the ability of the new framework to adequately analyze the impact of breaches on Charter-protected interests, particularly the right against self-incrimination. I will conclude that although the new approach is
capable of accommodating all the same considerations as before, its structure and language elevate certain interests over others in a way that reflects fundamentally different societal values. |
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