What are the Canadian rules regarding the voluntariness of statements?
British Columbia, Canada
The following excerpt is from R. v. Kovacs-Rail, 2000 BCSC 166 (CanLII):
The Canadian rules regarding voluntariness come from the common law rules laid down in Ibrahim v. The King, [1914] A.C. 599 at 609 (P.C.) where Lord Summer wrote: It has long been established as a positive rule of English criminal law, that no statement by an accused is admissible in evidence against him unless it is shewn by the prosecution to have been a voluntary statement, in the sense that is has not been obtained from him either by fear of prejudice or hope of advantage exercised or held out by a person in authority.
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