SUPREME COURT REAFFIRMS IMPORTANCE OF RIGHT TO SILENCE
The Supreme Court of Canada extolled the importance of the right to silence in R. v. Prokofiew, released today. Both the majority and the dissent explained that if an accused exercises his right to silence and does not testify at trial, it cannot be used him against him. This result was contrary to the Crown’s position asking the Court to eliminate the protection of the right to silence and allow courts to use silence as evidence of guilt. Frank Addario argued the case on behalf of the Canadian Civil Liberties Association which was granted status as an Intervenor at the Supreme Court.