The Application of Charter Rights To The Interrogation Process

Abstract

This article addresses the problem of determining when detention exists in the interrogation process in light of the recent Supreme Court of Canada decision in R. v. Therens. Special attention is paid to the importance of the right to counsel. An actual case is utilized to illustrate the problems which arise when detention is found to exist short of arrest, given the finding in Therens with respect to sections 1 and 24 of the Charter.