Is a caution relevant to the voluntariness of a confession?
Ontario, Canada
The following excerpt is from R. v. Gill, 2021 ONSC 7261 (CanLII):
The presence or absence of a caution is relevant to, but not determinative of voluntariness. The fundamental question is whether the confession of an accused is voluntary. A warning is not decisive of the issue, but neither is the failure to caution determinative. The presence or absence of a warning will be a factor and, in many cases, an important one: see Boudreaux v. The King, 1949 CanLII 26 (SCC), [1949] S.C.R. 262, at p. 267. When is a person a suspect?
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