JUDGE AGREES THAT POLICE "TRICK" DEPRIVES ACCUSED OF HIS CHARTER RIGHTS

R. v. J. C. | 2001 | O.J. No. 1455

The Judge agreed that the client’s right to silence had been violated when the police “tricked” him into participating in a casual conversation, and then later recorded portions of the statement.

The client was charged with robbing a restaurant. At the time of his arrest, he told police that he wished to remain silent. Months later, a Court Officer engaged the client in a casual conversation and then recorded the “admissions” when he was out of sight. The Judge agreed with Alana Page that the jury should not hear about her client’s statements since his Constitutional right to remain silent had been violated.

Under these circumstances, the Accused had no reason to suspect that his words could be used against him at his trial and accordingly, the Judge ruled that the jury would not hear this evidence.

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MARI LOEWENjudgment