Archive for January, 2009

The police have just called and want you to come to the police station, what am I to do?

Never ever speak to the police or go to the station without first speaking to counsel. Most likely they will attempt to get a statement from you and then arrest and charge you. Aswani K. Datt can attend the police station and find out why they are contacting you. station with you and get the real reasons from the

Don’t be trapped.

The Courts allow the police to lie and use tricks against you. The court has said that:

“The jurisprudence relating to the right to silence has never extended protection against police tricks to the pre-detention period. Nor does the Charter extend the right to counsel to pre-detention investigations. The two circumstances are quite different. In an undercover operation prior to detention, the individual from whom information is sought is not in the control of the state. There is no need to protect him from the greater power of the state. After detention, the situation is quite different; the state takes control and assumes the responsibility of ensuring that the detainee’s rights are respected.” R. v. Singh, [2007] S.C.J. No. 48.

“There first must be a clear connection between the obtaining of the statement and the conduct (police trick); furthermore that conduct must be so shocking as to justify the judicial branch of the criminal justice system in feeling that, short of disassociating itself from such conduct through rejection of the statement, its reputation and, as a result, that of the whole criminal justice system, would be brought into disrepute. The authorities, in dealing with shrewd and often sophisticated criminals, must sometimes for necessity resort to tricks or other means of deceit and should not through the rule be hampered in their work. What should be repressed vigorously is conduct on their part that shocks the community.” R. v. Rothman, [1981] S.C.J. No. 55

Don’t be unprepared and caught off guard.