Charter Cases: Section 11(c): Self Incrimination

Section 11(c) of the Charter of Rights and Freedoms:

11. Any person charged with an offence has the right …

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

R. v. Bartle, [1994] 3 S.C.R. 173

R. v. Bartle established a positive duty on the part of police officers to provide detained persons with an opportunity to exercise their right to retain and instruct counsel. In this case, police officers informed Mr. Bartle of his right to counsel when they took him into custody for suspected impaired driving, but failed to advise him of a toll-free number that he could call to speak with a duty counsel lawyer. Continue reading

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Filed under Section 10(b): Right to Counsel, Section 10: Rights on Arrest, Section 11(c): Self Incrimination, Section 11: Legal Rights

R. v. Hebert, [1990] 2 SCR 151

In R. v. Hebert, the Supreme Court of Canada defined the scope and nature of the right to remain silent. The accused, Neil Gerald Hebert, was arrested on a charge of robbery and indicated that he did not wish to speak with the police. An undercover police officer was then placed in his cell, posing as another suspect under arrest. Mr. Hebert spoke to this individual and made numerous incriminating statements. Continue reading

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Filed under Section 11(c): Self Incrimination, Section 11: Legal Rights