A person accused or detained by police may face overlapping protections under the Charter and common law. The admissibility of a statement can depend on detention, access to counsel, voluntariness, police conduct and whether the statement was made to a person in authority.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
Right to silence
The right to silence limits the state's ability to compel an accused to help build the case against them, but the precise protection depends on context.
- police questioning
- custody
- choice whether to answer
Right to counsel
On arrest or detention, access-to-counsel rights can affect when questioning may proceed and whether a person validly waived an opportunity for advice.
- section 10(b)
- implementation
- waiver
Voluntariness
The confessions rule generally requires the Crown to prove beyond a reasonable doubt that an accused's statement to a person in authority was voluntary.
- threats or promises
- oppression
- operating mind
Undercover and recorded statements
Different legal doctrines can apply when the listener is not known to be a police agent or where conversations are covertly recorded.
- undercover operation
- police agent
- recording
Use at trial
A statement can raise voir-dire, Charter and evidentiary issues before the trier of fact considers it for a permitted purpose.
- admissibility hearing
- exclusion
- weight
Official and authoritative sources
- Justice Canada — Canadian Charter of Rights and Freedoms
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources