Can a uniformed police officer who was not actively participating in the investigation compel the accused to speak to the accused's lawyer?
New Brunswick, Canada
The following excerpt is from R. v. MacKay, 2003 NBQB 188 (CanLII):
The accused chose freely and voluntarily to speak to a uniformed police officer who was not actively eliciting information. I am satisfied that the accused’s fundamental right to silence was not infringed. See R v. VanHaarlem 1991 CanLII 507 (BC CA), [1991] B.C.J. No. 2020 (B.C.C.A.).
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