PSY328H1 Lecture Notes - Lecture 2: Miranda Warning, Polygraph, Arson
Document Summary
Missed 10 minutes of class up to canadian charter rights slide. Implicit in section 7 of the charter: v singh (2007) supreme court upheld the conviction because it was his choice to stay silent instead of saying incriminating statements. Section 10(b) rights which is the right to council. Everyone has the right on arrest or detention to retain and instruct council without delay and to be informed of that right. If a confession happens before these rights are read it is unlikely this confession will be admitted into court. Arrest: you are being charged with a crime. Detention: physically or psychologically being unable to leave: v. sinclair (2010) Sinclair said he wouldn"t answer questions without a lawyer but the officer said that"s not your. 10(b) right, your council doesn"t have to be here. So, then he confessed and on appeal the conviction was upheld because all the rights were exercised.
