No right to lawyer during police interrogation

[Sol Invictus]

Calgary Herald
October 8, 2010

http://voiceofcanada.files.wordpress.com/2006/10/justice_gavel_cdn-flag.jpeg

A bitterly divided Supreme Court of Canada ruled Friday that importing U.S.-style “Miranda rights” in Canada, by allowing suspects to have lawyers present during police interrogation, would frustrate criminal investigations and delay the administration of justice.

By a 5-4 margin, the majority ruled the constitutional right to consult a lawyer after arrest does not extend to the police interrogation room.

The decision was a defeat for three men — two from British Columbia and one from Alberta — who sought to have their cases thrown out because they did not have counsel at their side during hours of police questioning.

“We are not persuaded that the Miranda rule should be transplanted in Canadian soil,” Chief Justice Beverley McLachlin and Justice Louise Charron wrote for the majority.

http://www.calgaryherald.com/news/right+lawyer+during+police+interrogation+Supreme+C ourt/3644013/story.html#ixzz11mwA2bIG

[Eldritch]

Borderline off-topic: Finnish cops refer to the phrase "I'm not saying anything else till I see a lawyer" among themselves as the "idiot's confession".

[007]

Doesn't seem like a very sound legal decision. "Oh, we don't want American style justice" In practice, though, the suspect can refuse to answer questions at any time.

[RoyBatty]

Doesn't seem like a very sound legal decision. "Oh, we don't want American style justice" In practice, though, the suspect can refuse to answer questions at any time.

Perhaps not to us but the NWO hardly cares about what Constitutes "Legal" or "Borderline Legal". As far as they are concerned "Legal" is whatever they decide it is at any given time and they control the Courts, the Police etc.

I'd be inclined to go for the "refuse to communicate or answer questions" option as well.

As far as I can deduce (could be wrong) a citizen doesn't win legal browny points for being friendly, cooperative or talkative when Plod roughs you up and shines the bright light in your eyes while asking you about your Auntie.

Therefore, why tell them anything? No cooperation you give them at the time is going to win you favours. It may actually incriminate you in ways you never knew existed.

Just say nothing.

[007]

As far as I can deduce (could be wrong) a citizen doesn't win legal browny points for being friendly, cooperative or talkative when Plod roughs you up and shines the bright light in your eyes while asking you about your Auntie.

Therefore, why tell them anything? No cooperation you give them at the time is going to win you favours. It may actually incriminate you in ways you never knew existed.

Just say nothing.

Exactly. You've nothing to gain by talking and a lot to lose, especially if you're innocent

[Germanicus]

Perhaps not to us but the NWO hardly cares about what Constitutes "Legal" or "Borderline Legal". As far as they are concerned "Legal" is whatever they decide it is at any given time and they control the Courts, the Police etc.

I'd be inclined to go for the "refuse to communicate or answer questions" option as well.

As far as I can deduce (could be wrong) a citizen doesn't win legal browny points for being friendly, cooperative or talkative when Plod roughs you up and shines the bright light in your eyes while asking you about your Auntie.

Therefore, why tell them anything? No cooperation you give them at the time is going to win you favours. It may actually incriminate you in ways you never knew existed.

Just say nothing.

The term is called "no comment" anyway the interogation is merely a tool for them so you admit your guilt openly, thus no need for them to use police methods of evidence to prove a crime..

indeed...say bugger all.

[Apocales]

would frustrate criminal investigations and delay the administration of justice.

Wouldn't want justice to scared people being interrogated by lying cops.

[Germanicus]

Having had first hand experience of how the police forces operate i can give you my report.
The police arrested me, i won't go into details.
I was handcuffed arms behind, bundled quite gentlemanly into the back of a van. Whilst sitting down on a bench in the back, the police driver executed an outragious left turn throwing me into the wall of the van, suffice to say i was bleeding from my left ear.
On arriving at the holding pen i was once again sat down and handcuffed to a wooden bench.
When my turn had come to see the desk sargeant i was man handled roughly and my trial by combat had begun.
Before i was put in my cell i was processed, finger printed, photographed and had a swab taken of my DNA. The arresting officer said to me put that swab in your mouth for me and give it me back, to which i said" i am not helping you one bit officer", (keeping it nearly polite)
After the arresting officer had done the processing he took me to a room with another officer and they tried to conduct the interogation statement, i said straight away i want a legal representation to answer my questions please.
That did it, after i said those words they got nasty and turned into the pigs that they are.
The next morning my brief arrived and i duly told my tale, he asked questions and told me that the police were whistling in the wind, he told me there and then to answer all questions... no comment.
After the interview with the police and my brief nudging me to say no comment i was released, two weeks later i had a letter from the CPS that no further action was taking place, case dropped.
The police were doing their best to try and scare a first time arrested man who should have crumbled and blabbed when interviewed, my saying no comment to the questions stopped me from incriminating myself and getting convicted, thus getting a police record :)