What is the current state of the law on voir dire?

British Columbia, Canada


The following excerpt is from R. v Boffa, 2018 BCSC 765 (CanLII):

The Court, at para. 65, adopted the following comments by Lamer J. in Rothman v. The Queen, 1981 CanLII 23 (SCC), [1981] 1 S.C.R. 640 at 591 as a summary of the correct approach: [A] statement before being left to the trier of fact for consideration of its probative value should be the object of a voir dire in order to determine, not whether the statement is or is not reliable, but whether the authorities have done or said anything that could have induced the accused to make a statement which was or might be untrue. It is of the utmost importance to keep in mind that the inquiry is not concerned with reliability but with the authorities' conduct as regards reliability.

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