R. v. Brown, 2010 ONCA 622, released today online, has a useful quotation about the need to ensure a warning is given when an accused is detained:
[10] Where, as here, the accused was detained, whether or not formally arrested and charged, the presence or absence of a caution is a factor, and in many cases an important factor, in answering the ultimate question of voluntariness. This well-established principle was reiterated by Charron J. in
R. v. Singh, [2007] 3 S.C.R. 405 at paras. 31 and 33. The trial judge's erroneous finding that a partial caution had been given was a legal error that had a direct bearing upon the issue of voluntariness.
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