What are the consequences if a voir dire is conducted without a police officer present at the time the confession was taken?
British Columbia, Canada
The following excerpt is from United States of America v. Chao, 1999 CanLII 5364 (BC SC):
Once a voir dire is conducted, the rules are fairly clear. As long ago as the decision of Rex v. Thiffault (1933), 1933 CanLII 52 (SCC), S.C.R. 509, all persons in authority who were present at the time the statement was taken, must either be called to give evidence or at least be available for cross-examination. There have been a line of cases since then that the failure to account for the absence of one of those police officers may well preclude the admissibility of that particular confession.
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