What is the test for self-incrimination in a sexual assault case?

Lamer C.J. explained that until the state has established there is a case to meet, “an accused is not compellable in a general sense (as opposed to the narrow, testimonial sense) and need not answer the allegations against him or her” (paragraph 36). He adopted the position of the majority in Dubois v. The Queen, 1985 CanLII 10 (SCC), [1985] 2 S.C.R. 350, and concluded both the common law and s. 7 Charter privilege against self-incrimination and the procedural and evidential protections to which they give rise have at their roots the presumption of innocence and the power imbalance between the state and the individual.