The concept of voluntariness ensures that any statements or confessions made to a person in authority are given freely and without coercion. Known as the “confessions rule,” this principle mandates that such statements must be proven voluntary to be admissible at trial. This determination is made through a voir dire, a separate hearing without a jury, and must be established beyond a reasonable doubt.
Purpose Behind the Confessions Rule
The confessions rule primarily aims to ensure the reliability of confessions. Interrogation techniques can sometimes lead to false confessions, making it essential to verify that any statement was made voluntarily.
Voluntariness is also tied to the right to silence, the right to a fair trial, and the integrity of the judicial process. It serves to limit police investigative techniques and uphold the principle that the Crown must establish guilt without the assistance of the accused. The rule acknowledges that innocent people may sometimes confess to crimes and aims to protect against self-incrimination while ensuring fairness in the justice system.
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Requirements of Voluntariness
The voluntariness of a statement is assessed based on several factors:
- Threats or Promises: Any inducement that could make the accused believe they will receive a benefit or avoid harm by confessing can invalidate the statement. Proper inducements, such as factual information or moral appeals, are allowed, but quid pro quo offers from authorities are prohibited.
- Oppression: Factors like aggressive interrogation, deprivation of basic needs such as sleep, food, or water, or use of fabricated evidence can create oppressive conditions. The accused must be able to make an independent choice to speak or remain silent.
- Operating Mind: The accused must understand the nature of their statement and its potential consequences. Factors such as intoxication, mental health, and cognitive impairments are considered to determine if the accused had an operating mind.
- Police Trickery: While some degree of deception is permissible, actions that shock the community’s conscience, such as pretending to be a legal aid lawyer, are not. Trickery is evaluated separately from other factors affecting voluntariness.
The confessions rule is applied by looking at all the circumstances and assessing the degree of each factor present.
Non-Investigative Exceptions
Certain situations do not require proof of voluntariness:
- Booking Information: Questions regarding name, address, and phone number asked during booking do not require voluntariness.
- Cross-Examination of a Co-Accused: Defence counsel can use a co-accused’s prior statement for cross-examination, even if it was not voluntary.
- Criminal Offence Statements: Statements that constitute the offence itself, like uttering threats, do not need to be proven voluntary.
A statement given to a person in authority isn’t automatically inadmissible just because the officer didn’t give the proper warnings. While this failure may be considered when evaluating voluntariness, the statement’s admissibility depends entirely on whether it was made voluntarily.
Burden of Proof
The Crown bears the burden of proving voluntariness beyond a reasonable doubt. In contrast, for a Charter claim regarding the right to silence, the claimant must prove their case on the balance of probabilities.
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Procedure for Voir Dire
The voir dire process involves the following steps:
- The Crown requests a voir dire and informs the court of its purpose.
- The jury, if present, is excluded.
- The Crown and defence call witnesses to testify about the treatment of the accused and the circumstances of the statement.
- The judge determines the voluntariness of the statement based on the evidence presented.
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