October 11, 2010, 08:44
John A. StrideCanada rejects Miranda protections
No lawyer during questioning for suspects in Canada:
http://www.thestar.com/news/canada/article/872791--no-right-to-lawyer-during-questioning-says-top-courtBut the Canadians have a fine Supreme Court building!
October 11, 2010, 09:21
Andrea WBut... I thought that accepting foreign law to interpret your own constitution was the hallmark of a good legal system!
October 11, 2010, 09:27
John A. StrideYep,can't you just see our High Court interpreting "the evolving standards of decency" to (1) abolish Miranda and (2) permit comments on the defendant's failure to testify (as in the UK)?!!!
October 11, 2010, 12:36
david curlLast summer, I watched about an hour of oral argument in the
UK Supreme Court on the right to counsel. Interesting things about it included: (1) there were about 20 lawyers at the counsel tables; (2) it went on and on (I think it took 2 days) (3) the judges were in regular suits and seemed much more casual than even our local appellate courts; (4) lots of references to American law and phrases like "fruit of the poison tree."
I think the ruling is expected next week, but the European Court has apparently already
ruledthere is a right to counsel in interrogation.