R v Hart: A Welcome New Emphasis on Reliability and Admissibility

Until the Supreme Court of Canada decision in R v. Hart 2014 SCC 52, there was very little, if any, judicial regulation of the Mr. Big undercover investigative strategy. The Supreme Court approached the issue of admissibility using first principles to create a new exclusionary rule. By giving prominence to reliability as part of the probative value/prejudical effect analysis, the Court opened the door for assessing afresh the admissibility of other putatively unreliable evidence such as identification evidence.