What is the current state of the law regarding wrongfully obtained evidence in a family dispute?
British Columbia, Canada
The following excerpt is from K.M. v. J.B., 2013 BCSC 2041 (CanLII):
The law regarding wrongfully obtained evidence in family disputes was thoroughly canvassed in Mathews v. Mathews, 2007 BCSC 1825. At para. 43, Barrow J. succinctly summarized the proper approach to admissibility of such evidence: From the foregoing, it is clear there is a limited discretion to exclude relevant evidence in this context. The judicial exercise of that discretion involves a balancing of competing interests which can be usefully viewed as assessing the probative value of the evidence as against its prejudicial effect. It does not involve the application of the Charter per se.
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