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It’s one simple sentence: But do police have to say it?

By Murray Rodych, Cate White, and Gabriel Simons
November 16, 2022
  • Commercial Litigation
  • Government Investigations
  • Public Policy and Regulation
  • Regulatory
  • White Collar Crime
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Are police required to inform individuals of their legal rights prior to conducting an interview in connection with a criminal investigation? The Majority of the Supreme Court of Canada recently considered this question in R v Tessier (Tessier) and ruled that police are not always required to inform individuals of their right to silence (a caution) or that statements made to the police without the warning of a right to silence may be used as incriminating evidence at trial.

This decision has far-reaching implications that stretch into the interactions that individuals or businesses may have with law enforcement in Canada during compliance investigations. The decision in Tessier implies that, in instances of criminal investigations into corporate wrongdoing, employees may not be advised of their right to silence or that their statements may later be used against them or the business. Moving forward, employers should understand that police may not caution their employees during an investigation and that a lack of caution by police is not always indicative of whether a certain employee is, or may ultimately become, a suspect in an investigation.

Read the complete article here.

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Murray Rodych

About Murray Rodych

Murray A. Rodych is Counsel in the Firm’s Litigation and Dispute Resolution group. In his practice, Murray focuses primarily on the areas of anti-bribery, anti-money laundering, fraud and capital market offenses.

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Cate White

About Cate White

Cate White is an associate in the Litigation and Dispute Resolution group in Dentons’ Calgary office. Her practice covers commercial and civil litigation, regulatory disputes, administrative and constitutional law, with a focus on anti-corruption, bribery, compliance reviews and white-collar criminal investigations.

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Gabriel Simons

About Gabriel Simons

Gabriel Simons is an associate in the Litigation & Dispute Resolution group of the Dentons Calgary office. He maintains a varied litigation practice that includes corporate, commercial and civil litigation matters.

All posts Full bio

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