These amendments seek to clarify the 1990 judgment in the Kenny case whereby the courts decided that evidence obtained illegally or unconstitutionally could not be admitted in a criminal trial. The decision has since been rigidly applied by the courts to the detriment of justice. We would rather see a balancing of rights whereby the seriousness of the breach of the defendant's rights should be weighed against the crime or its impact. Therefore, the purpose of the amendments is to modify and clarify the rule of evidence known as the exclusionary rule, which was established by Chief Justice Finlay in the 1990 case. The application of the rule has developed to such an extent as to mean a technical breach of the accused's constitutional rights, however minor or insignificant, can cause an otherwise sound case to collapse, which is wrong.