Canadians have no right to lawyer during interrogation

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The Supreme Court of Canada, by a close 5-4 majority, ruled that Canadians have no right to have a lawyer present during interrogation after arrest. They admitted that police cannot force a suspect to participate in an interrogation, but if they choose to participate they have no inherent right of representation under the Constitution, unlike the "Miranda" rights in the U.S.

I think this is kind of a joke.

Sometimes cops don't play by the rules anyways so it doesn't matter what a court says about what the rules are. In my opinion you only have rights if you can afford to have them by hiring a great lawyer to make sure you have them.

About 15 years ago I was being interrogated but not yet under arrest,they asked to speak to me so I went down to the station.
After they tried to intimidate me I said the interview is over and i am not going to talk anymore and wanted to call my lawyer.
I never was charged but will always remember them taking the phone out of the room and telling me to screw myself and no i wasn't going to be calling a lawyer.
About a half hour later i was allowed to leave.

No matter what new laws come into effect...the justice system is a complete joke and so are the people running it.

I never say all cops are bad because i have met some really good ones so don't take this as a cop bashing post.

reply to post by DrumsRfun


As you say DrumsRfun, not all cops are bad; in fact I think the majority are actually trying to do a good job but they get frustrated by the "catch-n-release" mentality of the court system. So I'm sure our mounties here in the Great White North are pleased to hear that they are legally allowed to stop a suspect/detainee from getting legal advice while they're being questioned, in order to obtain a confession quickly.

Originally posted by avocadoshag So I'm sure our mounties here in the Great White North are pleased to hear that they are legally allowed to stop a suspect/detainee from getting legal advice while they're being questioned, in order to obtain a confession quickly.

The next question should be: what are the interrogators allowed to do to the suspect to get that quick confession? Waterboarding? Sleep deprevation? Interrogations lasting 2 weeks?

The RCMP have been getting worse over the years...

They use secrecy to hide evidence that doesn't support their agendas and commit all kinds of unethical behaviors over a long time period..

Instead of having or getting good leadership they are instead continually going downhill...

Take a look at this story about how the RCMP is inundated with lawsuits because of their unprofessional ways and methods...

cnews.canoe.ca...

I think it's important to clarify that this does not mean that the police have the right not to let the suspect speak to a lawyer... It simply states that after the suspect speaks to a lawyer, the police are not obligated to let him/her speak to a lawyer again UNLESS there is a significant change in the severity of the crime being interrogated for... I.E. Assault victim dies and now it's a murder. In this case, the rights would be read to the suspect again because the possible consequences are far worse than a simple assault's.

Notice that the rights card doesn't even mention having a lawyer present during interrogation. Only that you can consult and retain their services.






My suggestion is simple, when a suspect contacts his lawyer, the first thing they say is to SHUT UP... So if you don't want to give an incriminating statement, do just that. There are many VERY good officers who can get almost anything out of anyone...

Just trying to help!

Magnum

Originally posted by Magnum007
I think it's important to clarify that this does not mean that the police have the right not to let the suspect speak to a lawyer... It simply states that after the suspect speaks to a lawyer, the police are not obligated to let him/her speak to a lawyer again UNLESS there is a significant change in the severity of the crime being interrogated for... I.E. Assault victim dies and now it's a murder. In this case, the rights would be read to the suspect again because the possible consequences are far worse than a simple assault's.

You are correct Magnum007, the police are still required to allow a suspect to call for counsel upon being arrested. But once an interrogation has begun, there is no right to have a lawyer sit in, nor can the suspect re-consult with his/her lawyer unless a significant change occurs.

Your advice is the best: don't say a word!