What is the effect of s. 13 of the Charter on an application to obtain relief from the Court of Appeal?
Alberta, Canada
The following excerpt is from Saccomanno v. Swanson, 1987 CanLII 3304 (AB QB):
I conclude, accordingly, that to the extent that the applicant relies upon s. 13 of the Charter, it is premature to seek relief in that no attempt has yet been made to rely upon incriminating evidence to incriminate the applicant in any other proceedings. Moreover, I respectfully agree with the reasoning of Potts J. in Caisse Populaire Laurier d’Ottawa Ltée v. Guertin, supra.
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