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: JURIST - The Paper ChaseCanada high court rules no right to counsel during interrogation
By Daniel Makosky
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While the police must be respectful of an individual's Charter rights, a rule that would require the police to automatically retreat upon a detainee stating that he or she has nothing to say would not strike the proper balance between the public interest in the investigation of crimes and the suspect's interest in being left alone.The court found, however, that suspects may again invoke their § 10(b) right in the event that the circumstances of the investigation warrant renewed legal consultation. Such circumstances may include the introduction of new evidence, filing of additional charges or belief that the previously received advice is flawed.
The case, Trent Terrence Sinclair v. Her Majesty the Queen [case materials], came to the court on appeal from the Court of Appeal for British Columbia [official website], which had ruled similarly. The case arose from Sinclair's prosecution for a November 2002 murder, for which he was arrested the following month. Following his arrest and during the interview, Sinclair was advised of his right to counsel and spoke with a lawyer twice by phone before indicating that he did not wish to continue speaking with police and again requesting his lawyer. Sinclair was advised that he may remain silent, but that he could not insist on his lawyer's presence. He later made inculpatory statements, agreed to participate in a reenactment of the crime and was convicted of manslaughter. In 2005, the Supreme Court of Canada ruled [JURIST report] that officers do not have to inform individuals of their right to counsel at DUI checkpoints, a policy also upheld under US law.
Full post as published by JURIST - The Paper Chase on October 09, 2010 (boomark / email).
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