What is the effect of a police caution on the admissibility of a confession?

Nova Scotia, Canada


The following excerpt is from R. v. K.F., 2010 NSCA 45 (CanLII):

The law in Canada with respect to the significance of the presence or absence of a ‘police caution’ was, for a relatively brief period of time, unsettled. In Gach v. The King, 1943 CanLII 32 (SCC), [1943] S.C.R. 250, Taschereau J., for the majority, was emphatic that a caution, where the accused was detained, was a precondition to admissibility. He wrote (p. 254): There is no doubt that when a person has been arrested, all confessions made to a person in authority, as a result of questioning, are inadmissible in evidence, unless proper caution has been given. This rule which is found in Canadian and British Law is based on the sound principle that confessions must be free from fear, and not inspired by a hope of advantage which an accused may expect from a person in authority.

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