The Sinclair Trilogy "What are Defence Counsel For?"
Author(s): Joe Doyle, Claire Hatcher
Publication Date: April 2012
Format: PDF
Part of: 2012 National Criminal Justice Conference:
Seven, Eight, Nine: Silence, Searches and Detention
Full Binder
Description
On October 8, 2010, the Supreme Court of Canada handed down three companion cases: R. v. Sinclair, [2010] 2 S.C.R. 310 (from the B.C.C.A.); R. v. McCrimmon, [2010] 2 S.C.R. No. 402 (from the B.C.C.A.); R. v. Willier, [2010] 2 S.C.R. 429 (from the Alberta C.A.) dealing with
the interrelated issues of the right to counsel, the right the silence and the confessions rule (the
“Sinclair Trilogy”). The Sinclair Trilogy completes another trilogy: the “Interrogation Trilogy” as coined by Binnie J., joining R. v. Oickle (common law confessions rule) and R. v. Singh (s. 7 Charter
right to silence). Sinclair, in particular, instantly ignited a firestorm of debate in legal circles, in large part because of pointed dissenting judgments from Binnie, J. and LeBel and Fish JJ. (Abella J. concurring). This paper will summarize the above decisions and then highlight some of the
jurisprudential fallout. |
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