| NCJ Number: |
93698   |
| |
|
| Title: |
Questioning Suspects |
| |
|
| Corporate Author: |
Law Reform Cmssn of Canada
Canada |
| |
|
| Date Published: |
1984 |
| |
|
| Page Count: |
108 |
| |
|
| 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 |
| |
|
| Sale Source: |
Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,
Canada
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 |
| |
|
| Language: |
English; French |
| |
|
| Country: |
Canada |
| |
|
| Annotation: |
The Law Reform Commission of Canada proposes legislation to require a statement be proven voluntary whether or not the suspect was aware that he or she was dealing with the police and to establish detailed rules and procedures governing the taking of statements from suspects by the police in place of current administrative guidelines. |
| |
|
| Abstract: |
The working paper begins with an analysis of the voluntariness rule -- that no statement by the accused is admissible in evidence unless the prosecution shows it to be voluntary. It summarizes divergent views on the rule's function in Canadian criminal law, as expressed in recent opinions delivered by judges of the Supreme Court of Canada. The author concludes that exclusionary rules provided in the Constitution and miscellaneous statutes are exceptions to the general rule in Canada that illegally or improperly obtained evidence is admissible. Part II presents the Commission's recommendations for reform, beginning with the proposal that Parliament enact statutory rules to govern questioning of suspects. These rules include general provisions which address definitions and applications and general rules based on the principle that no suspect shall be questioned without a warning of his or her right to remain silent. Additional rules concern recording procedures, suggesting that questioning in a police station or prison be electronically recorded whenever feasible. The Commission also recommends redrafting Government proposals in Bill S-33 to translate the voluntariness rule into legislative form. The paper provides a summary of recommendations, footnotes, recordkeeping forms, and extracts from Bill S-33. |
| |
|
| Index Term(s): |
Canada; Exclusionary rule; Suspect interrogation; Videotapes |
| |
|
| Note: |
Working Paper number 32. Includes English and French versions. |
| |
|
|
|
| |
|
|
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=93698 |
| |
|
