What is the current state of the law in Canada on the "negative right" of an accused not to be coerced into a confession?
British Columbia, Canada
The following excerpt is from R. v A.D, 2017 BCSC 2065 (CanLII):
The narrow approach, originating in Ibrahim v. The King, [1914] A.C. 599 (P.C.) and adopted in Canada in cases such as Boudreau v. The King, 1949 CanLII 26 (SCC), [1949] S.C.R. 262, gave the accused only a “negative right” – the right not to be tortured or coerced into confessing by threats or promises. Confessions were excluded only where authorities held out explicit threats or promises to the accused.
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