5 ms·

Except we don't have the same rights to a lawyer as in the US. We have a right to speak to a lawyer, but that could be over the phone and they are not present d

Except we don't have the same rights to a lawyer as in the US. We have a right to speak to a lawyer, but that could be over the phone and they are not present during questioning: https://blogs.ubc.ca/ijhr/2021/11/29/the-right-to-counsel-its-time-for-canada-to-allow-lawyers-in-the-interrogation-room/ https://blogs.ubc.ca/ijhr/2021/11/29/the-right-to-counsel-it...

Spoom 3y ago
It also sounds like the RCMP will never take the case to trial (based on the article, they may know that this is actually triangulation fraud) and as such, he'll never have a chance to either defend himself or expunge his record.
- papercrane 3y ago
  If charges are withdrawn or dismissed, as long as you don't have any convictions on record and there isn't a public safety concern you can request the destruction of non-conviction information from your record. It's silly that you need to request it, but there is a process to expunge your record.
  - whimsicalism 3y ago
    I think part of the issue here is the subtle distinction between stayed and withdrawn.
    - deno 3y ago
      It seems the charges expire after a year. As per https://laws-lois.justice.gc.ca/eng/acts/c-46/page-98.html#docCont https://laws-lois.justice.gc.ca/eng/acts/c-46/page-98.html#d...: (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced.
Scoundreller 3y ago
> We have a right to speak to a lawyer, but that could be over the phone and they are not present during questioning You can refuse to answer most questions during questioning, but even if you yell “lawyer!!!” A million times and spill the beans after the millionth repeat question, you’re screwed. Then there’s the constitution “protections” about illegally gained evidence where the judge can say “yeah, it was unconstitutional but I’ll allow it anyway”
wredue 3y ago
I don’t know why Canada gets so many weird AF legal claims on HN and Reddit (in particular that we supposedly don’t have the right to self defence), but we do, in fact, have the right to remain silent and to not be compelled to testify against oneself. There are circumstances where you can be interviewed without a lawyer present, but you cannot be compelled to answer those questions, and you can still consult a lawyer for all interview questions.
- twisteriffic 3y ago
  There's a huge cottage industry of YouTube rage farmers who spread that kind of misinformation for clicks. It's particularly popular in the prairies right now.
  - mardifoufs 3y ago
    That's funny because no, they are wrong. We can be compelled to answer questions that incriminate ourselves and our right to speak to a lawyer isn't as strong as it is in the US. You can be interrogated even after asking for a lawyer.
    - wredue 3y ago
      No, you are wrong: https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art11c.html https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/chec... I don’t even know how you could force someone to testify against themselves. Seems like an unreliable witness…
      - mardifoufs 3y ago
        What? How does that prove me wrong? You can still be forced to be a witness and answer questions even if they do incriminate yourself. >In Canada a person has the right not to have any incriminating evidence that the person was compelled to give in one proceeding used against him or her in another proceeding except in a prosecution for perjury or for the giving of contradictory evidence. Thus, in Canada, a witness cannot refuse to answer a question on the grounds of self-incrimination, but receives full evidentiary immunity in return. https://www.mpllp.com/no-right-to-remain-silent https://www.mpllp.com/no-right-to-remain-silent

Spoom 3y ago

It also sounds like the RCMP will never take the case to trial (based on the article, they may know that this is actually triangulation fraud) and as such, he'll never have a chance to either defend himself or expunge his record.

papercrane 3y ago
If charges are withdrawn or dismissed, as long as you don't have any convictions on record and there isn't a public safety concern you can request the destruction of non-conviction information from your record. It's silly that you need to request it, but there is a process to expunge your record.
- whimsicalism 3y ago
  I think part of the issue here is the subtle distinction between stayed and withdrawn.
  - deno 3y ago
    It seems the charges expire after a year. As per https://laws-lois.justice.gc.ca/eng/acts/c-46/page-98.html#docCont https://laws-lois.justice.gc.ca/eng/acts/c-46/page-98.html#d...: (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced.

Scoundreller 3y ago

> We have a right to speak to a lawyer, but that could be over the phone and they are not present during questioning You can refuse to answer most questions during questioning, but even if you yell “lawyer!!!” A million times and spill the beans after the millionth repeat question, you’re screwed. Then there’s the constitution “protections” about illegally gained evidence where the judge can say “yeah, it was unconstitutional but I’ll allow it anyway”

wredue 3y ago

I don’t know why Canada gets so many weird AF legal claims on HN and Reddit (in particular that we supposedly don’t have the right to self defence), but we do, in fact, have the right to remain silent and to not be compelled to testify against oneself. There are circumstances where you can be interviewed without a lawyer present, but you cannot be compelled to answer those questions, and you can still consult a lawyer for all interview questions.

twisteriffic 3y ago
There's a huge cottage industry of YouTube rage farmers who spread that kind of misinformation for clicks. It's particularly popular in the prairies right now.
- mardifoufs 3y ago
  That's funny because no, they are wrong. We can be compelled to answer questions that incriminate ourselves and our right to speak to a lawyer isn't as strong as it is in the US. You can be interrogated even after asking for a lawyer.
  - wredue 3y ago
    No, you are wrong: https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art11c.html https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/chec... I don’t even know how you could force someone to testify against themselves. Seems like an unreliable witness…
    - mardifoufs 3y ago
      What? How does that prove me wrong? You can still be forced to be a witness and answer questions even if they do incriminate yourself. >In Canada a person has the right not to have any incriminating evidence that the person was compelled to give in one proceeding used against him or her in another proceeding except in a prosecution for perjury or for the giving of contradictory evidence. Thus, in Canada, a witness cannot refuse to answer a question on the grounds of self-incrimination, but receives full evidentiary immunity in return. https://www.mpllp.com/no-right-to-remain-silent https://www.mpllp.com/no-right-to-remain-silent