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When the Police Knock Don't Answer
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Most Canadians, if they've ever watched Law & Order have heard the Miranda warning given countless times. It's effects end at the 49th Parallel. Canadians who are arrested or interviewed by the police are unlikely to hear much in the way of warning. In Toronto all the police have to tell you is that you are entitled to an attorney. You have the right against self-incrimination in the Canadian Charter of Rights and Freedoms but invoking that right doesn't mean the police have to shut up, far from it thanks to the recent Jagrup Singh decision handed down by Canada's Supreme Court. As Justice Louise Charron said, "what the common law recognizes is the individual's right to remain silent, this does not mean, however, that a person has the right not to be spoken to by state authorities." Not much comfort especially in the climate of overturned convictions, anyone recall Milgaard, Marshall and Morin. Add Phillion, Sophonow and Truscott to the growing list of the wrongly convicted in Canada. Plain view doesn't apply in Canada either. If the police don't have a search warrant don't answer the door. They are trained to use intimidation techniques to get the resident or home owner to move back allowing them entry though not necessarily invited. If they get in they can search anywhere they want. If the police knock it's better if you don't open the door unless you called them and actually want them to come in. Talk through your door. Ask for badge numbers and the division number and write it down. If you have a tape recorder or video recorder turn them on. If the police tell you they have a warrant ask them to slip it under your door. Read the warrant and make sure it has the correct name, the correct address and is signed. If any of these items are missing or wrong then the warrant is invalid. Law abiding citizens may not feel this is necessary, just think about the years Milgaard, Marshall and Morin spent in prison, and think again. |
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