Is an involuntary statement by an accused to someone in authority not a statement within Section 5 of the Criminal Code?
Saskatchewan, Canada
The following excerpt is from R. v. Drake, 1970 CanLII 577 (SK QB):
Since Regina v. Piche, supra, it must now be said that an involuntary statement by an accused to someone in authority is not a statement within this section when the accused is the witness. Once the judge rules, however, that the statement was a voluntary one the accused is in the same position regarding it as any other witness would be.
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