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Tuesday, November 01, 2011

Canada high court upheld murder conviction over silence challenge
Cynthia Miley at 12:00 AM ET

On November 1, 2007, the Supreme Court of Canada affirmed the conviction of Jagrup Singh in a case that tested the right to remain silent as guaranteed in the Canadian Charter of Rights and Freedoms. Singh was convicted of second-degree murder in 2002 and alleged that police continued to question him after he invoked his right to remain silent 18 different times. Singh argued that the proper application of the right to remain silent required the police to cease their interrogation after he asserted his right to remain silence. In its opinion, the Court recognized that police persistence in continuing an interview despite repeated invocations of a suspect's right to remain silent raised the possibility that an admission would not be the result of free will. However, the justices held that the trial judge was cognizant of the dangers of coercion and had not erred in allowing Singh's admission into evidence.


Seal of the Supreme Court of Canada

Learn more about the Canada and the right to remain silent from the JURIST news archive.




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