And in fact, police may proceed with charges on the basis of one witness’ uncorroborated account of events. If they proceed in this fashion, however, the claimant must then demonstrate that there was “overwhelming evidence” discrediting that witness, all in a context where at least generally speaking, questions of credibility and reliability are not the purview of the investigating officer, see George v. Guelph (City) Police Services, at para. 8. Likewise, the police are not under an obligation to take a statement from an accused. The decision to not take, nor attempt to take, a statement from an accused is routine, and in fact, since the claimant enjoys a constitutionally enshrined right to silence, there are significant legal and procedural hurdles to the lawful taking of a statement from an accused.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.