THE LAW REFORM COMMISSION OF CANADA, THE PROPOSED CANADA EVIDENCE ACT AND STATEMENTS BY AN ACCUSED

Abstract

It is trite law that a statement by an accused made out of court to a person in authority is admissible against the accused only if it was made voluntarily. Underlying the requirement of voluntariness are important policy considerations. The proposed Canada Evidence Act would abrogate this rule in some cases and, this article submits, narrow the definition of "involuntariness". The article takes the position that the Law Reform Commission of Canada, in its Working Paper and Report entitled "Questioning Suspects", erroneously represents the proposed Act as essentially innocuous legislation which would merely codifv existing common law on the admissibility of statements by an accused.