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| Patrick J Ducharme |
Before hearing any witness called by an accused who is not represented by counsel, the Justice shall address the accused as follows or to like effect:
Do you wish to say anything in answer to these charges or to any other charges, which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.
Where an accused is not represented by counsel says anything in answer to the address made by the Justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the Justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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