Thursday, April 18, 2013

In a voluntariness analysis the fact the statement was made by the accused must be demonstrated albeit to a minimal degree

Montgomery, 2011 ONSC 5331 (at para. 9):

On a voir dire to determine whether a statement made to a person in authority is admissible, a trial judge is required to decide: (i) whether the statement was made; and (ii) if made, whether it was voluntary. To satisfy the first requirement, it is sufficient that the Crown introduce some evidence that the statement attributed to the accused was, in fact, made by the accused. The standard of proof is minimal. The Crown's onus with respect to voluntariness is proof beyond a reasonable doubt. (See R. v. Gauthier, [1977] 1 S.C.R. 441).

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