Supreme Court of Canada decision: Duty to "hold off"

The Supreme Court of Canada released the following decision:


R. v. G.T.D., 2018 SCC 7, File no. 37756


(The Chief Justice would dismiss the appeal on the basis that the breach does not warrant the exclusion of G.T.D.’s statement. The appellant argued that the use of the question “Do you wish to say anything?” as part of the standard caution results in a systemic pattern of Charter  breaches. While such a pattern may aggravate the seriousness of the Charter -infringing state conduct, here, the pattern did not, in the Chief Justice’s view, involve the abuse of well-settled rules or negligence in determining what those rules mandated. The duty to “hold off” itself is well-settled.  The Chief Justice concludes that the fact that the question was accompanied by clear information about G.T.D.’s choice to speak to the police attenuated the impact of the state conduct on the Charter -protected interests of the accused to the point where, balanced with the seriousness of the breach and society’s interest in adjudication on the merits, admission of the statement would not bring the administration of justice into disrepute.)