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 Sankoff

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).