What is the current state of the law on the right to silence?

To cast the net wider than this is to overemphasize an individual’s right to silence at the cost of stifling legitimate police investigation. Once there is a realistic prospect – realistic because based on evidence and not speculation – that the person with whom authorities are speaking may have been associated with the commission of the crime under investigation, presuming that a crime is even under investigation, then the person should be told about the right to silence. See also R v. Worrall, [2002] O.J. No. 2711 (S.C.), at paras. 102-106