272 is a famous pre-Charter decision of the Supreme Court of Canada on the exclusion of improperly obtained evidence.
), held that judges had no discretion to exclude evidence whose admission would bring the administration of justice into disrepute.
Through the use of forceful interrogation techniques they managed to get inculpatory information from him and had him show the police where he left evidence of his crime.
Martland, with Fauteux, Abbott, Ritchie, and Pigeon concurring, held that the judge did not have the discretion to exclude the evidence.
In dissent, Cartwright found that all the precedents pointed to a common notion that the accused cannot be forced to self-incriminate, which implied that a judge would necessarily require discretion on the exclusion of evidence.