R. v. Oickle, 2000 SCC 38 holds a court considering the common law confession rule:
- must consider whether the police made any threats or promises. The Supreme Court states that whether there is a quid pro quo for the confession will usually determine whether the statement was voluntary.
- must look for oppression. That is, where there is distasteful or inhumane conduct that would amount to an involuntary confession.
- must consider whether the suspect has an operating mind. The suspect is sufficiently aware of what he or she is saying and who they are saying it to.
- can consider the degree of police trickery. While trickery in general is allowed it cannot go so far as to "shocks the community".
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