Social Factors Affecting Voluntariness - Caitlin Madden
How does the court determine if something is truly voluntary? Are all individuals held to the same standard? This blog will focus on the case of R. v. Thomas, a 2022 decision of the Manitoba Court of Appeal which deals with an analysis of whether a plea is voluntary. I will discuss the flaws in the Court’s approach and argue that a reasonable person test that considers the social factors of the accused should be used instead.
