October 8, 2010
- A d v e r t i s e m e n t
A bitterly divided Supreme Court of Canada ruled Friday that importing U.S.-style “Miranda rights” in Canada, by allowing suspects to have lawyers present during police interrogation, would frustrate criminal investigations and delay the administration of justice.
By a 5-4 margin, the majority ruled the constitutional right to consult a lawyer after arrest does not extend to the police interrogation room.
The decision was a defeat for three men â€” two from British Columbia and one from Alberta â€” who sought to have their cases thrown out because they did not have counsel at their side during hours of police questioning.
“We are not persuaded that the Miranda rule should be transplanted in Canadian soil,” Chief Justice Beverley McLachlin and Justice Louise Charron wrote for the majority.