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R v Stillman
''R v Stillman'' () 1 S.C.R. 607, was a leading decision of the Supreme Court of Canada on section 24(2) of the Constitution of Canada which allowed for the exclusion of evidence that is obtained in a manner that infringes the Charter. The two-step Stillman test was developed for determining whether the admission of evidence that was obtained through a breach of a Charter right would affect the fairness of the trial. The issue of trial fairness comes into play when applying the first step of the Collins test to exclude evidence under section 24(2).
The case would later be replaced by the Supreme Court of Canada's decision in ''R. v. Grant''.
==Background==
In 1991, a young New Brunswick girl was found raped and murdered. A 17-year-old suspect, William Stillman, was arrested for the murder. Stillman's lawyer told the police that he did not consent to the taking of any bodily samples. Nevertheless, the police took an impression of his teeth, a hair sample, and saliva sample. As well, they took a paper tissue used by Stillman who had thrown it into the garbage while in custody.
In a seven-to-two decision, the Court held that all the evidence collected was beyond the powers to search incident to arrest and that it was all "conscriptive" evidence and thus was in violation of section 8.
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