Скачать или смотреть R. v Hebert (1990) - Undercover Cop In Cells Can Override Your Right To Silence?

R. v Hebert (1990) is a landmark Supreme Court of Canada case that firmly established the right to silence under section 7 of the Charter. The Court ruled that once a detained person clearly chooses to remain silent, police must respect that decision and cannot use indirect or deceptive tactics to obtain statements.

In this case, police placed an undercover officer in the accused’s cell after he had asserted his right to silence. The Court found this violated the Charter, emphasizing that the right to silence protects against both direct questioning and covert attempts to elicit statements. R v. Hebert remains a leading authority on custodial interrogation and the limits of police questioning in Canada.

Source: https://www.canlii.org/en/ca/scc/doc/...