07-14-2016, 04:22 PM
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#207
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Quote:
Originally Posted by Wormius
For the knowledgable here - what does "cooperating" / "not cooperating" imply? Is it closer to telling the police to screw off, or to just not having anything to tell the police?
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https://en.wikipedia.org/wiki/Right_to_silence#Canada
The right to silence is protected under section 7 and section 11(c) of the Canadian Charter of Rights and Freedoms. The accused may not be compelled as a witness against himself in criminal proceedings, and therefore only voluntary statements made to police are admissible as evidence. Prior to an accused being informed of their right to legal counsel, any statements they make to police are considered involuntarily compelled and are inadmissible as evidence. After being informed of the right to counsel, the accused may choose to voluntarily answer questions and those statements would be admissible.
https://en.wikipedia.org/wiki/Sectio...s_and_Freedoms
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