Can a voir dire be held to determine whether a statement given to the accused is voluntary?
British Columbia, Canada
The following excerpt is from Sun Lau v. Australia, 1999 CanLII 5373 (BC SC):
Normal evidence law in Canada requires the holding of a voir dire to determine whether statements of an accused, given to a person in authority, are voluntary (Piche v. The Queen 1970 CanLII 182 (SCC), [1970] 4 C.C.C. 27 (S.C.C.)). This gave rise to the contention of counsel for Lau that a voir dire was required in this case.
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