Janice Tibbetts
Calgary Herald
October 8, 2010

  • A d v e r t i s e m e n t
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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 — two from British Columbia and one from Alberta — who sought to have their cases thrown out because they did not have counsel at their side during hours of police questioning.

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“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.

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