What is the effect of the knowledge of the consequences test?

Prince Edward Island, Canada


The following excerpt is from R. v. Harper, 1997 CanLII 4553 (PE SCAD):

He then went on to apply the knowledge of the consequences test, as referred to by Madam Justice Wilson in Clarkson v. The Queen, 1986 CanLII 61 (SCC), [1986] 1 S.C.R. 383, to the facts of this case and concluded he was not satisfied beyond a reasonable doubt that the statements in question were free and voluntary. He held in essence that he had a reasonable doubt as to whether the respondent was capable of making a rational judgment as to whether he ought, under the circumstances, to answer questions which could later be used against him at trial.

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