What is the test for the principle against self-incrimination?

Ontario, Canada


The following excerpt is from R. v. S.F., 1997 CanLII 12443 (ON SC):

It is apparent from these passages that the foundational elements animating the principle against self-incrimination are relevant to the compulsion of the individual to provide bodily substances in the course of a criminal investigation. Fundamental to our concept of justice is the principle of sovereignty embodied in the notion that a person not be forced into assisting in his or her own prosecution.28 Underlying concerns of fairness and the reliability of coerced evidence inform the principle. As a related theme to this organizing principle of our criminal process is the notion that the principle against self-incrimination stands guard as a protection against the abuse of power by the state: Jones v. The Queen, supra at 368-9.

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