Topic: Statements, Confessions, and Interrogation

Objective:

During this lesson students will explore a number of issues related to statements, confessions, and interrogation. As such, students will come to appreciate the applicable case and statute law regarding:

• the accused's right to counsel,
• the accused's right to remain silent,
• admissibility of confessions,
• false confessions,
• Reid Technique.

In particular, students will come to understand the protection offered by the "Confessions Rule" in Canada, as well as the Charter rights offered under sections 

Method of Instruction and Evaluation:

After a Socratic lecture on statements, confessions, and the protection offered to citizens under both the Charter and the "Confessions Rule," students will form into four groups in order to examine the case of R. v. Oickle, 2000 (SCC). The groups will each examine a particular aspect of case law relating to the admissibility of confessions under the "Confessions Rule," namely: threats or promises, oppression, operating mind, and police trickery.

After familiarizing themselves with their respective elements of the "Confessions" rule, the groups will demonstrate these elements within a brief dramatic presentation.

Expectations Addressed:

The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.

• Theories of Crime:

  • analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;

  • explain the relationship between criminal law and morality and what is meant by “criminal conduct”;

  • explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;

  • explain the purpose of criminal law;

  • compare summary, hybrid, and indictable offences as they relate to criminal law.

• The Criminal Trial Process:

  • explain the processes of police investigation, arrest, search, and interrogation of suspects;

  • explain pre-trial procedures, including plea bargaining and release procedures;

  • identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);

  • outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);

  • evaluate the different types and purposes of sentences imposed in criminal law.

• Concepts of Justice:

  • explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);

  • analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);

  • analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).

Resources:

Text Reference:
• Chapter 10, pages 303-306

Handouts/Exercises:
• R. v. Oickle, 2000
• Top court upholds conviction in 'right to remain silent' case
• Reid Technique can Result in False Confessions
• Class PowerPoint

Relevant web sites:

• Video of Police Interrogating Suspect Using Reid Technique