Sounds about right, the RCMP has a long history of First Nations neglect. This seems like it would be a straightforward case to prove his innocence. Also a good reminder of why it's important to never speak with police without a lawyer.
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:
> 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”
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.
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.
By the way, quick aside, if you go to the police yourself (someone wronged you), you should also go with a lawyer. It'll be taken more seriously, be harder to dismiss, and be both council and support while you go through the steps.
Unfortunately, Canada does not have the same legal protections (both in written law [i.e., the Bill of Rights] and in jurisprudence) as in the United States.
naasking|2 years ago
https://blogs.ubc.ca/ijhr/2021/11/29/the-right-to-counsel-it...
Scoundreller|2 years ago
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|2 years ago
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.
Spoom|2 years ago
orwin|2 years ago
chromatin|2 years ago
unknown|2 years ago
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beached_whale|2 years ago