How have the courts treated section 8 of the Criminal Code in the context of an assault case?
British Columbia, Canada
The following excerpt is from R. v. Campbell, 1993 CanLII 2197 (BC CA):
13 The appellant argues the trial judge failed to give adequate weight to the fact that the conduct of the police was deliberately unlawful, which made the violation of s. 8 serious and one which this court ought not to condone. He relies on the judgment of Sopinka J. in Regina v. Kokesch, 1990 CanLII 55 (SCC), [1990] 3 S.C.R. 3.
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