What is the effect of speaking with the police?

Ontario, Canada


The following excerpt is from R. v Daley, 2015 ONSC 7367 (CanLII):

It is important not to confuse an individual’s decision to speak with the police with a detention. People speak to the police for all kinds of reasons that are disconnected from compulsion. Sometimes they do so because they think it may inure to their benefit. Sometimes they do so because they feel morally or civilly obligated to do so. In terms of these latter reasons, Krever J.A. addressed them in Grafe: The law has long recognized that although there is no legal duty, there is a moral or social duty on the part of every citizen to answer questions put to him or her by the police and, in that way to assist the police: see, for example, Rice v. Connolly, [1966] 2 All E.R. 649 at p. 652, per Lord Parker C.J. Implicit in that moral or social duty is the right of a police officer to ask questions even, in my opinion, when he or she has no belief that an offence has been committed. To be asked questions, in these circumstances, cannot be said to be a deprivation of liberty or security.

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