A Caution-ary Tale: R v Tessier and the Impact of the Absence of Police Cautions on the Admissibility of Statements Under the Confessions Rule
The admissibility of statements made to police has been widely debated in the legal community. Due to previous police misconduct during interrogations, the Supreme Court of Canada (“SCC”) developed a common law rule to determine the admissibility of these statements to persons of authority, such as the police, called the “confessions rule.”However, what happens when police do not caution a suspect before questioning and the Crown subsequently seeks to admit statements made?
