How have the courts treated statements made by a motorist upon being questioned by a police officer on matters unrelated to the operation of the vehicle?
British Columbia, Canada
The following excerpt is from Regina v. Hoang, 2003 BCPC 240 (CanLII):
She went on in paragraph 24: The same principles apply to statements made by a motorist upon being questioned by an officer on matters unrelated to the operation of the vehicle. Indeed, the admission of such statements in response to police inquires would have a greater tendency to bring the administration of justice into disrepute because it would be conscripted evidence. Unless there is evidence that the drive made an informed decision, upon being advised of his Charter rights, there can be no suggestion that the driver consented to the questioning. This is because, as a result of the detention, it can reasonably be inferred that the driver felt compelled to respond to the officer's questions: See, Regina v. Mellenthin, supra at para. 17.
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