NCJ Number
93698
Date Published
1984
Length
108 pages
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.