Archive for November 2, 2007

An interesting story that although not directly related to Caledonia demonstrates how the Police can ignore your most basic rights at will in Canada and get away with it.

Canadian Press – November 1st, 2007

The Supreme Court of Canada has upheld the murder conviction of a B.C. man in a case viewed as a test of how police interrogation tactics should square with the charter’s long-protected right to silence.

The court ruled 5-4 Thursday against the appeal from Jagrup Singh, a 31-year-old from Surrey, B.C., of his 2002 conviction for second-degree murder.

The case revolved around the question of whether police breached Singh’s right to remain silent when they persisted in questioning him about a shooting, even though he repeatedly made it clear that he didn’t want to talk.

Under the Charter of Rights and Freedoms, the accused has the right “not to be compelled to be a witness” against himself in criminal proceedings.

“It is not appropriate to impose a rigid requirement that police refrain from questioning a detainee who states that he or she does not wish to speak to police,” Justice Louise Charron wrote in her majority opinion.