This is guaranteed to cause quite a kerfluffle…ca.news.yahoo.com/s/capress/1010 … to_counsel
My prediction…it will never stick, the legal community of Canada stands WAAAY too much to lose in billable hours.
Well the thread title is a little misleading. “Miranda” rights can’t be tossed by the Supreme Court. They were never here in the first place.
Too much US television, oh how many miscreants of society await the arrival of a lawyer than may never show!
I’m sorry if the soldiers have to hurt you, Mr Harris
You haven’t really left them any choice
This must be quite a trial, you haven’t eaten for a while
I wonder what’s the matter with your voice?
If you told us what you know it might be wiser
No need to knock your head against a wall
If you told us who you know it might be wiser
I think it might be better for us all
I’m sorry but we simply don’t believe you Mr Harris
We’ve seen you with these people several times
I appreciate your pains, but we need to know their names
It would really take a load off all our minds
If you told us what you know it might be wiser
No need to knock your head against a wall
If you told us who you know it might be wiser
I think it might be better for us all
That fellow Mr Jones you were detained with, Mr Harris
I’m afraid we found him hanging in his cell
So I’ve asked your little brother to assist with our enquiries
I hope he won’t be difficult as well
If you told us what you know it might be wiser
No need to knock your head against a wall
If you told us who you know it might be wiser
I think it might be better for us all
I think it might be wiser if you told us
Then you have my word of honour you can go
I don’t mean to twist your arm, we don’t mean you any harm
But it’s really quite important that we know
If you told us what you know it might be wiser
No need to knock your head against a wall
If you told us who you know it might be wiser
I think it might be better for us all
Not really. You still have the right to remain silent. Nothing stopping you from demanding your lawyer present before responding to Investigators’ questions. You have a right to remain silent; Section 7.
"McLachlin and Charron were clear in rejecting Miranda. They said there is a right for a suspect to consult a lawyer before questioning and to be informed of that right. But the reason for consultation is to give the suspect legal advice on whether to co-operate. There is no requirement that a lawyer be there for the questioning.
"We are not persuaded that the Miranda rule should be transplanted in Canadian soil,’’ they wrote.
They said the Canadian and U.S. systems differ.
“Miranda came about in response to abusive police tactics then prevalent in the U.S. and applies in the context of a host of other rules that are less favourable to the accused than their equivalents in Canada.”
The judges warned about grafting rules from other countries onto the Canadian system.
“Adopting procedural protections from other jurisdictions in a piecemeal fashion risks upsetting the balance that has been struck by Canadian courts and legislatures.”
So are McLachlin and Charron saying abusive police tactics are not prevalent in Canada with our RCMP, and various provincial and municipal police forces?..and the balance struck by Canadian courts and legislatures cannot be improved on by using good ideas that have worked in other jurisdictions?