Quote:
Originally Posted by CorsiHockeyLeague
Section 8 is definitely engaged here, but my bigger concern is about self incrimination. Refusing to blow is a criminal offence. When an officer had to have reasonable suspicion that an offence had been committed, that was more or less okay. Here, though, you're being told the following by the state: "we have no reason to think you have done anything wrong. Despite that, we require that you prove to us that you have not committed a crime. Accordingly, we require that you provide evidence to us that may be used to incriminate you. If you refuse to provide that evidence, that refusal will also be incriminating." It actually is fairly Orwellian.
|
Do we actually have a charter right against self-incrimination?
Maybe Section 7 could apply but their certainly isn’t anything specific in the text. Does case law shed some light on this?