In a new column for our Members only page Gino Arcaro has written an article on several significant Canadian Supreme Court decisions. Gino's article is entitled, Oct. 8, 2010 - Landmark Decision Day, and begins as follows:
No free trade of constitutional rights. Canada will not adopt the American rule-book on Miranda Rights.

On Oct. 8, 2010, the Supreme Court of Canada released a trilogy of case law decisions regarding interrogations related to major crime investigations. All three cases involved major crimes - two homicides and a series of attacks on women. The decisions confirmed that:

1. An adult offender does not have the right to have a lawyer present during interrogation.
2. The police may ignore the suspect's decision to remain silent while trying to change the suspect's mind about that decision. Invoking the right to silence is not absolute or final.
3. Adult offenders don't have the right to a second opinion - a re-consultation - after they speak to a lawyer, if the nature of the investigation remains unchanged, e.g., the victim dies, thereby changing the severity of the offence.