Self-Incrimination & Section 5(2) of CEA

In Charter of Rights and Freedoms, Evidence Law, My picks, Privilege, Privileges and Immunities, Teaching Capsules, Trial Procedures by Peter SankoffLeave a Comment

Most lawyers believe that the privilege against self-incrimination in proceedings where a witness is not on trial is completely encapsulated in section 13 of the Charter of Rights and Freedoms. I don’t believe this to be true. In this video blog, I explore a critical situation in which section 13 does NOT provide protection while section 5(2) of the CEA very well might. As a precaution, witnesses who are compelled to give incriminating evidence should always invoke section 5(2).

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