If a statement is made to someone not "in authority", but under circumstances that cast doubt on its voluntariness or on the operating mind of the accused, is it prima facie inadmissible?
Ontario, Canada
The following excerpt is from R. v. Clarke, 2015 ONCJ 303 (CanLII):
If a statement is made to someone not “in authority” under circumstances that cast doubt on its voluntariness or on the operating mind of the accused, it is not prima facie inadmissible, but a judge should consider the impact of those concerns on the weight the statement should be given: R v. Hodgson, supra.
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