In what circumstances will the court allow evidence to be admitted in a civil case where the accused's right to silence was violated by the police?
New Brunswick, Canada
The following excerpt is from R. v. MacKay, 2003 NBQB 188 (CanLII):
From the head note of R v. Hebert: However, in the absence of eliciting behaviour on the part of the police, there is no violation of the accused’s right to choose whether or not to speak to the police. If the detainee speaks, it is by his own choice and he must be taken to have accepted the risk that the recipient may inform the police. Moreover, even where a violation of the detainee’s rights is established, the evidence may, where appropriate, be admitted if the court is satisfied that despite the violation of the right to silence to admit the evidence would not bring the administration of justice into disrepute.
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