What is the current state of the law on the exclusion of secret recordings of a mother and her children as evidence in a sexual assault case?

British Columbia, Canada


The following excerpt is from Biehl v. Strang, 2011 BCSC 1373 (CanLII):

The decision of Thackray J. in Seddon v. Seddon, [1994] B.C.J. No. 1729, 1994 CarswellBC 1409 (S.C.) [Seddon], supports the exclusion of such evidence, but does so on the basis that the gathering of the evidence by secret means was an “odious” practice, and considered the recordings to be illegally obtained and a violation of the mother’s Charter rights (the latter being incorrect). There were also some technical problems with the many hours of taped conversations between the mother and the children.

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