In the USA, the police have to read you your rights, when they arrest you. Basically, the MIRANDA warning is a warning that the suspect can remain silent, otherwise anything he/she says “can and will be used against you, in a court of law”. My question; what do the cops in Canada tell an arrested suspect? Is it similar to Miranda? and, does Canadian law include the presumption (that the arresting officer advise the suspect of his rights)?
There is a similar thing in Canada, but I don’t know what it is called (sorry, I have never been arrested). It looks like the Wikipedia page on the Miranda warning lists similar thing in other countries, including Canada.
In Canada, you are presumed innocent until proven guilty. You do have the right to an attorney and habeas corpus.
There are two warnings required by Canadian law - one required by the common law, and one by the Charter.
The common law warning is that the accused has the right to remain silent, and is free to speak or not, without fear or favour, and has the right to have counsel present at any interview with the police. (don’t have the exact words, but that’s the gist of it.) If the police fail to give this warning and the accused says anything incriminating, that confession is inadmissible under the common law.
The Charter warning is based on s. 10 of the Charter: upon arrest or detention, you have the right to be advised of the reason for the detention, and the right to counsel. Failure to give these warnings may lead to exclusion of evidence under s. 24(2) of the Charter
I once read that due to the prevalence of American movies and television in Canada, some Canadians upon being arrested have tried to invoke their Miranda rights.
Probably true. Probably demanded their right to make one phone call too.
Did anyone else read this thread title as “Carmen MIRANDA Warning?”
Yes. Very yes.
Me three.