What is the test for the principle against self-incrimination?

Ontario, Canada


The following excerpt is from R. v. S.F., 1997 CanLII 12443 (ON SC):

It is apparent from these passages that the foundational elements animating the principle against self-incrimination are relevant to the compulsion of the individual to provide bodily substances in the course of a criminal investigation. Fundamental to our concept of justice is the principle of sovereignty embodied in the notion that a person not be forced into assisting in his or her own prosecution.28 Underlying concerns of fairness and the reliability of coerced evidence inform the principle. As a related theme to this organizing principle of our criminal process is the notion that the principle against self-incrimination stands guard as a protection against the abuse of power by the state: Jones v. The Queen, supra at 368-9.

Other Questions


Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
What is the impact of traditional trust principles against the principles of equity underpinning fair sharing of wealth during a marriage? (Ontario, Canada)
What are the principles of statutory compulsion and what are the implications of the principles set out in Soules and White? (Ontario, Canada)
What is the discoverability principle when it comes to determining when a cause of action arose? (Ontario, Canada)
What are the principles applicable on an interim motion for spousal support? (Ontario, Canada)
What are the principles applicable to a motion to strike? (Ontario, Canada)
What is the effect of the merger principle on a motion to strike? (Ontario, Canada)
What is the principle of "ordinary skill" in medical malpractice? (Ontario, Canada)
What are the applicable principles on a motion for exclusion order on the basis of alleged intimidation? (Ontario, Canada)
What is the test for a judge to respect the maximum contact principle? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.