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R V Latimer Case Summary

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This legal study will examine the meaning of voluntariness for the rule of confessions under the Canadian Charter of Rights and Freedoms. The premise of voluntariness for confessions defines the right of individuals to not be coerced into giving a statement that may incriminate them after being arrested and/or being interrogated by the police. In the framework of Canadian case law, it is important to understand the necessity of an “operating mind” as the foundation of a voluntary confession, which must not be exploited or manipulated by police during an arrest. Law enforcement must follow the rules of confession in order maintain the voluntarism of the person being arrested or detained:. The case R v. Oickle (2000) of the Canadian Supreme Court defines the voluntariness of the confession that law …show more content…
For example, the R. v. Latimer (1997) case provides an important foundation for a declaration of arrest to occur by law enforcement officials, which provides a troubling view of the rights of the individual that is “detained” and interrogated without knowing the gravity of the charges. The police had “detained” Latimer at his home (after he allegedly killed his paraplegic daughter), but an official arrest was never made. Of course, the Supreme Court agued in favor of weakening the Charter rule of arrest procedures, since they felt that Latimer was fully aware of the chargers being brought against him during his detainment. Latimer was also not provided a free phone call, which set a Supreme Court precedent that gave the police greater freedom to detain individuals, instead of making an official arrest. Justice LaForest defines the limitations of the Charter in R. v. Latimer, which were denied to Latimer as an important validation of detention without an official arrest

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