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NCJRS Abstract

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NCJ Number: 134955 Add to Shopping cart Find in a Library
Title: Immunity From Prosecution
Corporate Author: Law Reform Cmssn of Canada
Date Published: 1992
Page Count: 90
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Publication Number: ISBN 0-662-58710-3
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Survey
Language: English; French
Country: Canada
Annotation: The Law Reform Commission of Canada considers the practice of giving police informants immunity from prosecution from both a legal and an ethical perspective.
Abstract: While recognizing the legitimacy of this practice, the Commission calls for extreme caution in granting immunity. Immunity should be granted only when it meets the criteria of furthering the public interest by strengthening a prosecution, gaining information about particular crimes, protecting the public or an individual from imminent danger, or helping to settle a labor dispute or quell civil unrest. The granting of immunity must be morally as well as legally acceptable. It is morally acceptable if it is genuinely made in the public interest, does not involve commercialization and improper trading in justice, is made for legitimate ends, and balances means and ends. Some of the reform proposals recommended by the Commission are suitable for legislative implementation, while others are more appropriate for adoption as uniform guidelines. The recommendations cover the definition of an immunity agreement, the authority to provide immunity, factors to consider when granting immunity, conduct in respect of immunity agreements, the form and contents of such agreements, prerequisites to the use of an immunized person's evidence, the enforcement of immunity, and the exclusion of evidence. Finally, the Attorney General of Canada would be required to submit an annual report regarding the use of immunity agreements. 400 notes
Main Term(s): Law reform; Witness immunity
Index Term(s): Canada; Commission reports; Public interest advocacy
Note: Working Paper 64.
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