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Section 13 of the Canadian Charter of Rights and Freedoms is a section of the Charter which, along with section 11 (c), specifies rights regarding self-incrimination.
It reads:
Rights against self-incrimination had existed in Canadian law even before the Charter, but these applied to cases in which an individual might incriminate him or herself while giving testimony in another person's trial. Since the enactment of the Charter, the right has been extended in case law in regard to retrials, to exclude from one's retrial self-incriminating evidence if it had been obtained during cross examination in the last trial.[1]
This section serves a similar purpose as the Fifth Amendment to the United States Constitution, but does not provide witnesses the same opportunity to excuse themselves from testifying.
In R. v. Nedelcu, 2012 SCC 59, a majority of the Supreme Court of Canada found that the prosecution in a criminal trial could use prior inconsistent testimony from a civil trial to impeach an accused person's credibility.
Supreme Court of Canada, Canada, Constitution of Canada, Pierre Trudeau, Parliament of Canada
Canadian Charter of Rights and Freedoms, Constitution of Canada, Supreme Court of Canada, Section One of the Canadian Charter of Rights and Freedoms, Section Seven of the Canadian...
Religion, Law, Common law, Hearsay, Islam
Constitution of Canada, Canadian Charter of Rights and Freedoms, Manitoba, Fathers of Confederation, Constitution Act, 1982
Canadian Charter of Rights and Freedoms, Canada, Constitution Act, 1982, Section One of the Canadian Charter of Rights and Freedoms, Section Fifteen of the Canadian Charter of Rig...