Is failing to properly caution a suspect fatal to the voluntariness of a statement?
Ontario, Canada
The following excerpt is from R. v. J.A.C., 2017 ONCJ 580 (CanLII):
That being said, the failure to properly caution a suspect is not necessarily fatal to the voluntariness of a statement. While the absence of a caution is a factor, all the surrounding circumstances must be investigated. See Boudreau v. the King (1949), 1949 CanLII 26 (SCC), 7 C.R. 427 (S.C.C.), at p. 433.
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