What is the test for self-incrimination in a motor vehicle case?
British Columbia, Canada
The following excerpt is from Regina v. Faruq, 2003 BCPC 340 (CanLII):
The accused argues that the principle against self-incrimination is a principle of fundamental justice and relies upon Regina v. Jones (1994) 1994 CanLII 85 (SCC), 89 C.C.C. (3d) 353 (S.C.C.) as authority for this proposition. Further, the accused argues that the statements compelled by the Motor Vehicle Act amount to conscripted evidence which, if admitted, would adversely affect the fairness of the trial: See, Regina v. Jones, supra at p. 18.
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