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CRIMINAL LAW - Frequently Asked Questions

What is meant by voluntary statement?

When a detained person makes a statement to the police, for that statement to be used against the individual making the statement, courts have held that the statement has to be voluntary. Voluntary means that the person making the statement has done so free of any threats, promises, fear of any retaliation or any inducements by the state or the police. If the police threaten an individual or make a promise to an individual for return of making a statement then that statement can be excluded by conducting a voir dire at trial.

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This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.