Judges too Soft on Police?

Today's National Post has a lengthy article about whether Ontario courts are too lax in allowing police to give evidence obtained by a constitutional breach.



The basic question is what is to be done when there is a breach of a constitutional right? Do we, as is perceived as the American approach, give a "get out of jail" card or do we look to the details of the breach. The Canadian approach has been to try to figure out what is worse -- letting the unconstitutionally obtained evidence in or letting a crime go unpunished.



Hence is it better to overlook 70 pounds of cocaine or to overlook an unjustified roadside stop? This is not an easy approach and it is far simpler to have a blanket rule. But simplicity, while important, is not the only guide for a justice system and we have judges specifically to make the tough decisions as to where to draw the line in specific cases.



Judges can and do disagree (and politicians and media disagree with judges) but overall the balance between protecting the rights of the individual and the rights of society seems to have been well struck.