The Admissibility of Confessions in the Canadian Justice System
| Date | 01 April 1980 |
| DOI | 10.1177/0032258X8005300205 |
| Published date | 01 April 1980 |
| Author | Barrie J. Saxton |
| Subject Matter | Article |
BARRIE J. SAXTON
Co-ordinator, Law
and
Security Administration Programme.
Humber College. Ontario
THE
ADMISSIBILITY
OF
CONFESSIONS
IN THE
CANADIAN
JUSTICE
SYSTEM
"Truth. like all the
good
things. may be loved unwisely -may be
pursued too keenly -may cost too much."
Vice Chancellor Knight Bruce. Pearse Vs. Pearse (/846)
One of the fundamental assumptions in the Administration of
Justice in Canada is the search for truth. The pursuit of the truth in
the trial proceedings will determine whether an accused is guilty or
not guilty. It willensure that the innocentare allowed to go free and it
will determine whether an accused has been found guilty beyond a
reasonable doubt. The truth of the matter, that is to say the true facts
which are revealed, will also assist the Judiciary to pass appropriate
sentences based on the circumstances revealed during the trial
process.
In many criminal cases because
ofthe
absence of witnesses or other
evidence from which the truth can be deduced, the only person who
knows what actually happened during the commission of a crime is
the accused person. This raises the obvious question of howfar isthe
criminal process prepared to go in search of the truth. Do weallow
the present situation to continue whereby statements taken by the
Police from an accused person in custody can be admitted in
evidence during the trial. In many instances these admissions made
to Police Officers are the deciding factor in determiningan accused's
guilt togetherwith otherevidence. In some cases an accused has in fact
been convicted solely on his own statement of confession.
Alternately do we abandon the whole process of allowing an
accused to confess to investigators of crimes on the basis that it
contravenes his right to protection against self incrimination in
accordance with the Canadian Bill of Rights.
"Are: these ideals achieved by
our
present rules of evidence
concerning the admissibility of accused's statements and his right
to silence? Those persons whose main concern appears to be the
security of the State argue that the rules weight the balance
too
much in the accused's favour and consequently impair the
effectiveness of the criminal justice machinery. Those whose main
concern appears to be the protection of the innocent and the
PoliceJournal April 1980 128
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