Sunday, December 22, 2013

Exercise of right to silence not evidence of guilt

R. v. Snelson, 2013 BCCA 550 (CanLII):

[56]        If an accused person has a right to silence, it is an empty right if the Crown is permitted to seek an inference of guilt from the exercise of this right. An accused person also has a right to consult with a lawyer and no inference of guilt can be drawn against Mr. Snelson for the exercise of that right. See R. v. Belowitz, (1990), 56 C.C.C. (3d) 402 at 412-13 (Ont. C.A.).

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