Charter Issues: Section 7 – Right to Silence? What Right to Silence?
This paper discusses the recent co-mingling of the common law rule of voluntariness with section 7 of the Charter by the Supreme Court of Canada. The author analyzes the impact of the “Interrogation Trilogy”, R v Oickle, R v Singh and R v Sinclair, on impaired driving law. Decisions relating specifically to impaired driving, including R v White and R v Flores, are also examined in detail.
This paper was presented at the Impaired Driving – The Changing Landscape seminar held in September 2012.
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