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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 01:02, 30 August 2022
, 01:02, 30 August 2022→3. Exceptions to the general right of silence
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# '''Other police trickery''': police may be persistent and accusatorial but not hostile, aggressive and intimidating to the point where the community may be shocked by police actions. | # '''Other police trickery''': police may be persistent and accusatorial but not hostile, aggressive and intimidating to the point where the community may be shocked by police actions. | ||
=== 3. Exceptions to the | === 3. Exceptions to the General Right of Silence === | ||
==== a) Motor Vehicle Drivers ==== | ==== a) Motor Vehicle Drivers ==== | ||
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==== b) Pedestrian Offence ==== | ==== b) Pedestrian Offence ==== | ||
A person who commits a pedestrian offence must state their name and address when asked by a police officer or that person may be subject to arrest (City of Vancouver, By-law No 2849, ''Street and Traffic By-law'' ( | A person who commits a pedestrian offence must state their name and address when asked by a police officer or that person may be subject to arrest (City of Vancouver, By-law No 2849, ''[https://bylaws.vancouver.ca/2849c.PDF Street and Traffic By-law]'' (March 1, 2022)). | ||
The decision of the Supreme Court of Canada in ''[https://www.canlii.org/en/ca/scc/doc/1978/1978canlii160/1978canlii160.html?searchUrlHash=AAAAAQARbW9vcmUgdiB0aGUgcXVlZW4AAAAAAQ&resultIndex=1 Moore v The Queen]'' [1979] 1 SCR 195 suggests that the same is true for offences committed while riding a bicycle. While the police have no power to arrest a person for this type of summary conviction offence, the police may do so lawfully if it is necessary to establish the identity of the accused. | The decision of the Supreme Court of Canada in ''[https://www.canlii.org/en/ca/scc/doc/1978/1978canlii160/1978canlii160.html?searchUrlHash=AAAAAQARbW9vcmUgdiB0aGUgcXVlZW4AAAAAAQ&resultIndex=1 Moore v The Queen]'', [1979] 1 SCR 195 suggests that the same is true for offences committed while riding a bicycle. While the police have no power to arrest a person for this type of summary conviction offence, the police may do so lawfully if it is necessary to establish the identity of the accused. | ||
==== c) Federal statutes ==== | ==== c) Federal statutes ==== | ||
Various federal statutes have provisions requiring that questions be answered: see ''Canada Evidence Act''; ''BC Evidence Act'', RSBC 1996 c 124; ''Excise Act'', RSC 1985, c E-13; ''Income Tax Act''; ''Immigration and Refugee Protection Act'', SC 2001, c 27; and ''Bankruptcy and Insolvency Act'', RSC 1985, c B-3. | Various federal statutes have provisions requiring that questions be answered: see ''[https://laws-lois.justice.gc.ca/eng/acts/c-5/ Canada Evidence Act]'', RSC 1985, c C-5; ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96124_01 BC Evidence Act]'', RSBC 1996 c 124; ''[https://laws-lois.justice.gc.ca/eng/acts/e-14/index.html Excise Act]'', RSC 1985, c E-13; ''[https://laws-lois.justice.gc.ca/eng/acts/i-3.3/ Income Tax Act]'', RSC 1985, c 1 (5th Supp.); ''[https://laws-lois.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act]'', SC 2001, c 27; and ''[https://laws-lois.justice.gc.ca/eng/acts/b-3/ Bankruptcy and Insolvency Act]'', RSC 1985, c B-3. | ||
=== 4. Exception to right against self-incrimination: breathalyser sample === | === 4. Exception to right against self-incrimination: breathalyser sample === | ||
