Saturday, October 9, 2010

The Supreme Court of Canada ruled Friday there is no place here for the American Miranda rule

Waiting to have your lawyer present before you speak with police doesn't work in Canada anymore.




The Supreme Court of Canada ruled Friday there is no place here for the American Miranda rule which gives a suspect the right to have a lawyer present during questioning.



The judges rejected that right in three separate rulings, but the justices were sharply divided.



In the main case, they ruled 5-4 that the charter of rights does not confer a right to have a lawyer present during interrogation.



Calgary lawyer Balfour Der says you still have the right to speak with a lawyer before you are questioned, but that lawyer does not have to be in the room when you are questioned by police.



He says you also have the right to diligently look for a lawyer but you can't just sit around with the excuse your lawyer is out of town or you can't find one.



Der adds, police can question you all they want, but you can choose not to answer.