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When being interrogated by the police, it is best to say nothing other than to, perhaps, identify oneself (although whether one should even do that much has been subject to much debate).

If one does talk, one should expect his or her statement to be admissible in evidence at trial.  In some instances, this may even occur where one has requested, and been denied, the advice of legal counsel (despite the right, pursuant to section section 10(b) of the Canadian Charter of Rights and Freedoms,  upon arrest or detention to retain and instruct counsel without delay and to be informed of that right).   Speaking with counsel for as little as six minutes has been held, at least within the facts of the Supreme Court of Canada case of R. v. Sinclair, 2010 SCC 35, to constitute sufficent legal advice to cause the accused’s subsequent statements made to the police admissible in evidence.  So, as quoted from the Ontario Criminal Lawyers’ Association at paragraph 86 of the dissenting reasons in R. v. Sinclair ,  “keep your mouth shut”.  Sometimes the simplest advice is the best advice (unless it is only six minutes long).

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