In Canada, confessions are admissible as evidence in criminal trials so long as they are voluntary. This means that for a confession to be used against a person in court, it must be given freely, without being forced or coerced. The Supreme Court of Canada has outlined clear rules for determining whether a confession is voluntary. These rules consider several factors, including threats or promises, oppression, the operating mind requirement, and police trickery. Let’s break these down to better understand how confessions work in criminal law.
1. Threats or Promises
One of the most important factors in determining whether a confession is voluntary is whether the police made any threats or promises to the accused. Here’s how this works:
- Promises of leniency: If a police officer suggests that the accused will be treated more leniently—like getting a lighter sentence or reduced charges—if they confess, that could make the confession involuntary. Even the mere suggestion of a reduced sentence or charge can raise questions about whether the confession was made freely, especially if the interrogation was long or intense.
- Threats: If a police officer threatens the accused with harm or violence, or even hints at this possibility, the confession will likely be excluded, unless there are very rare and exceptional circumstances. Interestingly, even threats made to other people (like a family member) can affect whether the confession is considered voluntary. For example, telling a mother that her daughter won’t be charged if she confesses to a crime could lead the accused to give a false confession.
The key here is that confessions should not be made as a result of fear or the hope of a reward.
2. Oppression
Oppression refers to any harsh or unfair conditions that might pressure someone into confessing. The courts look for things like:
- Being denied basic needs like food, water, or sleep.
- Being denied the chance to speak with a lawyer.
- Being questioned for too long or too aggressively.
- Being confronted with fake evidence to trick the accused into confessing.
If a person is treated in these oppressive ways, any confession they give may not be considered voluntary and could be thrown out of court.
3. Operating Mind Requirement
For a confession to be valid, the accused must understand what they are saying and know that their words could be used against them. This doesn’t mean they have to fully understand all the legal consequences of their statement, but they should know that their confession might affect the case. As long as the accused is aware of what they are doing when they confess, it is considered to meet the operating mind requirement.
4. Police Trickery
Police trickery is another factor that can influence whether a confession is voluntary. Sometimes, police use deceptive tactics or tricks to get a confession, but these tricks may not always make the confession invalid. However, if the trickery is so extreme or shocking that it would upset the community’s sense of justice, the confession might be excluded from court.
The point of this rule is to make sure that the criminal justice system remains fair. If police use tricks that are seen as dishonest or manipulative in a shocking way, the confession could be considered unreliable and unfair to the accused.
In Canada, confessions can be powerful evidence in a criminal case, but they must be given voluntarily. The court will carefully consider all the circumstances around a confession, including whether there were threats, promises, oppressive conditions, or police trickery involved. If any of these factors raise doubt about the voluntariness of the confession, it may not be allowed in court.
If you have criminal charges, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way.
Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.