Abstract
This paper examines the extent to which the Charter has impacted on police interrogation in the criminal context. It is argued that while certain Charter rights, such as those found in section 10(a) and (b), create procedural pre-conditions for interrogation, the Charter has had little impact on the tactics used by police once questioning begins. The paper explores the relationship between the right to silence in section 7 of the Charter and the common law confessions rule. The paper argues that, since 1982, there has been a strong tendency to refer all criminal law problems directly to the Charter. However, this is not always necessary and, if changes in the scope of the common law confessions rule are thought to be desirable, reform is equally achievable outside of the ambit of specific Charter rights.
Citation Information
Trotter, Gary T..
"The Limits of Police Interrogation: The Limits of the Charter."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
40.
(2008).
DOI: https://doi.org/10.60082/2563-8505.1118
https://digitalcommons.osgoode.yorku.ca/sclr/vol40/iss1/11
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