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Anything you say to police can be used against you at some point, so it is important to know your rights. Generally speaking, you do have the right not to answer any questions police ask you, though you may be required to give your name and address. If you are asked to provide your name …
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In some cases, intoxication can be relevant to refute the mental or ‘mens rea’ element of a criminal offence. An important distinguishing factor in the defence of intoxication is whether a person was voluntarily intoxicated. If an accused unknowingly consumes an intoxicating substance or had an unexpected reaction to medication, this will be considered involuntary …
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When an accused person is arrested, the police must inform them of the reason for their arrest, their right to counsel of their choice, and their caution (or right to silence). After cautioning the accused, police may conduct an interview in the hopes of getting a confession or obtaining useful evidence against the accused. A …
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Under Canadian criminal law, you are not able to be convicted for multiple offences based on the same criminal act. This protection is found in the Canadian Charter of Rights and Freedoms under section 11(h) – the right not to be tried again – which states that any person charged with an offence has the …
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The Canadian Charter of Rights and Freedoms is an incredibly important document that helps protect fundamental human rights of all Canadians. Section 11(b) of the Charter relates specifically to the right of an accused person to be tried within ‘a reasonable time’. This section has evolved and been clarified through various cases, including R v …
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