R. v. Hebert [1990] 2 S.C.R. 151

Per Dickson C.J. and Lamer, La Forest, L'Heureux-Dubé, Gonthier, Cory and McLachlin JJ.: Section 7 of the Charter accords a detained person a pre-trial right to remain silent, and the scope of that right extends beyond the narrow formulation of the confessions rule.

Here, the accused exercised his choice not to speak to the police and the police violated his right to remain silent under s. 7 of the Charter by using a trick to negate his decision. Section 1 of the Charter was inapplicable because the police conduct was not a limit "prescribed by law" within the meaning of that section.

The evidence obtained in breach of the accused's right under s. 7 should be excluded pursuant to s. 24(2) of the Charter. Where an accused is conscripted to give evidence against himself after clearly electing not to do so by use of an unfair trick practised by the authorities, and where the resultant statement is the only evidence against him, the reception of the evidence would render the trial unfair. The accused would be deprived of his presumption of innocence and would be placed in the position of having to take the stand if he wished to counter the damaging effect of the confession (page 154).

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