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Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 00:52, 30 August 2022
, 00:52, 30 August 2022→1. General right of silence
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There is a basic right to remain silent when encountering police officers that applies before and after arrest. A police officer has no right to take a person to the police station for questioning unless that person has been arrested or goes voluntarily. | There is a basic right to remain silent when encountering police officers that applies before and after arrest. A police officer has no right to take a person to the police station for questioning unless that person has been arrested or goes voluntarily. | ||
An accused has the right to remain silent when questioned after arrest. This silence cannot be used in court to imply guilt | An accused has the right to remain silent when questioned after arrest. This silence cannot be used in court to imply guilt. An accused is protected from self-incrimination by silence. The police must inform the accused of the right to remain silent and that anything they do say may be used as evidence. | ||
'''An accused should be further advised that when they are being questioned any conversation with police can only hurt them.''' Police will usually ask the accused for “their side of the story”. What police are looking to obtain are admissions like “I was there, but I didn’t do that”. This would be a confession that the accused was present at the scene, which the Crown may not otherwise be able to prove. | '''An accused should be further advised that when they are being questioned any conversation with police can only hurt them.''' Police will usually ask the accused for “their side of the story”. What police are looking to obtain are admissions like “I was there, but I didn’t do that”. This would be a confession that the accused was present at the scene, which the Crown may not otherwise be able to prove. | ||
It is best for an accused to say nothing to the police until after consulting a lawyer. This applies even when an accused plans to plead guilty | It is best for an accused to say nothing to the police until after consulting a lawyer. This applies even when an accused plans to plead guilty because there may be a valid defence to the charge that the accused does not know about. For further information, see ''[https://www.canlii.org/en/ca/scc/doc/1990/1990canlii118/1990canlii118.html?searchUrlHash=AAAAAQAKciB2IGhlYmVydAAAAAAB&resultIndex=1 R v Hebert]'' [1990] 2 SCR 151. | ||
=== 2. The modern confessions rule: ''Oickle'' === | === 2. The modern confessions rule: ''Oickle'' === | ||
