Legal Question in Criminal Law in Canada
my son has to give a statement about an incident that happened in August.Can he just write out his statement,sign and date it and drop it off without the officers harrassing him?
1 Answer from Attorneys
You say he "has to give a statement," but have you ever heard of anybody being charged in Canada with not cooperating with the police?
You don't say what the incident is, but, except perhaps if he was a driver in a motor vehicle accident, he has no obligation to give a statement to the police at all. This is subject to two provisos: First, if he lies to the police, he will have problems and second, if he is given a summons as a witness or is otherwise called to testify, he cannot refuse to answer relevant and admissible questions.
Thus if he has a choice as to whether he gives a statement or not, he also has a choice as to how he wants to give the statement. He is entitled to say "I don't want to be asked questions by the police, whether they are recorded or not. I will give you a letter."
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