What is the test for admitting to giving evidence in a criminal trial?
British Columbia, Canada
The following excerpt is from Regina v. Hsu, 2006 BCPC 13 (CanLII):
The question is whether the admission of the accused’s statements in this criminal trial accords with the principles of fundamental justice. The principle against self incrimination does not protect an accused against all uses of information compelled by statute or otherwise. The specific context in which the right is claimed must be examined along with the other community and individual interests at play: Regina v. White 1999 CanLII 689 (SCC), [1999] 2 S.C.R. 417 Iacobucci J.
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