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.
Read more about this topic: R. V. Stillman
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“Pilate with his question “What is truth?” is gladly trotted out these days as an advocate of Christ, so as to arouse the suspicion that everything known and knowable is an illusion and to erect the cross upon that gruesome background of the impossibility of knowledge.”
—Friedrich Nietzsche (1844–1900)
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“Silence is the universal refuge, the sequel to all dull discourses and all foolish acts, a balm to our every chagrin, as welcome after satiety as after disappointment; that background which the painter may not daub, be he master or bungler, and which, however awkward a figure we may have made in the foreground, remains ever our inviolable asylum, where no indignity can assail, no personality can disturb us.”
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