The Interplay Between Section 7 of the Charter and Voluntariness (The Confessions Rule) after R v. Singh
Author(s): Nicole Jedlinski
Publication Date: April 2012
Format: PDF
Part of: 2012 National Criminal Justice Conference:
Seven, Eight, Nine: Silence, Searches and Detention
Full Binder
Description
Since the decision in Singh, courts have recognized the interplay between s.7 and the confessions
rule. Each case, however, will turn on its own facts. The factors in Oickle are still used to determine voluntariness of an accused’s statement. If it is determined that a statement is not voluntary, it is automatically excluded. If it is
determined that a statement is voluntary, it is admissible, however, it may still be excluded under s.24(2) of the Charter if there is a Charter breach that is sufficiently connected to the statement. There appears to be a more thorough analysis of s.24 (2) in cases which look at voluntariness and s.7 since the revised approach was provided by the Supreme Court in R v Grant. |
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