What is the test for the purpose of determining the reliability of an allegation of false imprisonment?
British Columbia, Canada
The following excerpt is from R. v. Inwood, 2016 BCPC 418 (CanLII):
The rule was initially concerned with reliability. As a result, the courts focussed on whether there were inducements, threats, or coercive action by persons in authority that caused the statement to be made. The focus of the court's inquiry was whether the statement had been made to a person in authority in an atmosphere free from "fear of prejudice or hope of advantage": Ibrahim at 609; Boudreau v. The King (1949), 1949 CanLII 26 (SCC), 94 C.C.C. 1 (S.C.C.); . . . . In addition, the courts were concerned with fairness towards the accused, which included notions of oppressiveness and whether the accused had an operating mind when making the statement.
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