No right to lawyer in police interview: top court

CBC News

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Sep 26, 2006
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The Supreme Court of Canada has ruled that a person questioned by police in connection with a criminal case does not have the right to have a lawyer present during the interview.

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TenPenny

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Jun 9, 2004
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I was surprised by this ruling, I suppose because of the influence of American cop shows, you just assume that you have a right to have your lawyer present during questioning, but that's not the case in Canada.
 

karrie

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Jan 6, 2007
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I think justice is not well served by having lawyers present at every stage of the game, but, at the same time, i think their procedures ought to be wide open to scrutiny come trial. If a lawyer isn't present, the it had damn well better be taped so that any threats, intimidation, or physical aggression, is apparent upon trial.
 

Curiosity

Senate Member
Jul 30, 2005
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I would refuse to speak without representation to ensure documentation was correct and factual at least.

Electronics can be edited - attorney's ears/eyes/brain cannot.

The attorney can wait until interview complete and then pursue his/her own interview of the accused with the "case" presented - it might serve to clear up some muddied up
interviews of drunks or druggies or people who have been battered and are nearly unable to speak.

OMG Karrie - I just read your words - sorry I just repeated your post....great minds and all that (pretty good for me on a Friday - I'm about wasted on words now).
 

karrie

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Jan 6, 2007
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No worries Curio. Personally I prefer to answer an OP before reading other people, so that I give an authentic opinion... then I'll go through and echo or argue as needed. :)
 

damngrumpy

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Mar 16, 2005
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This ruling must have been influenced by the BC judges.
They have a kangaroo system for drivers at .05 in this
Province now without even being granted a day in court.
The same holds true here, I would say nothing and in
fact respond to nothing until i had a lawyer. The reason,
is I don't trust the RCMP or law enforcement officials
anymore than I would trust Organized Crime today,
Policing has gone to hell in a hand basket. I have never
been in trouble with the police, but I see what is happening
around me. The majority of police, are hard working people
who do their job. Among them however, are cops who are
little more than grifters who want convictions regardless of
who is guilty or not, they have too much power without a
proper means of checks and balances.
 

lone wolf

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Nov 25, 2006
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"You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"

It never was a right, so if you're busted, it's wise to shut up until the mouthpiece gets there - because they WILL use everything - even out of context.
 

Curiosity

Senate Member
Jul 30, 2005
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LOL Karrie

Even your reasoning was better - my phone was ringing and I wanted to get my post done before the dang thing gave up!

Why do crises happen on Friday afternoons for people?