WDW101Y1 Lecture : March 10 Lecture
Document Summary
Common law must be voluntary; not the product of threat or inducement. Charter must comply with s. 10(b) and 7. Must stop questioning for reasonable period to allow counsel. Must respect right against self-incrimination, right to remain silent. Broadly exercise in persuasion influence subject to see the world in a particular way and to make decision according to that view (i. e. make decision to disclose information/confess) Step 1: set the stage create sense of powerlessness. Confession rule puts limits on how police can interrogate people. Rule: crown must prove (beyond a reasonable doubt) that a confession is voluntary. Facts: arson case of car fires; polygraph test, told the polygraph results are inadmissible but answers may be admissible, advised of right to counsel and right to silence; advised he failed, questioned further, confessed and eventually provided a re-enactment. Police minimized the seriousness of the crime there isn"t much in a car fire"; package deal.