What is the test for voluntariness in making a statement at a police interview?
Ontario, Canada
The following excerpt is from R. v. Wills, 2006 CanLII 35620 (ON SC):
An additional factor is whether the statement was preceded by a caution that the person questioned did not have to say anything but anything he did say might be given in evidence against him. In Horvath v. The Queen (1979), 1979 CanLII 16 (SCC), 44 C.C.C. (2d) 385 (S.C.C.) Beetz J. explained that the reason for the caution is that voluntariness implies an awareness of what is at stake in making a statement to a person in authority. The interviewee has an absolute right to remain silent and not to incriminate him or herself unless he or she wants to.
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