Tuesday, January 12, 2016
Jason MacLean and Frances E. Chapman (Lakehead University - Bora Laskin Faculty of Law and Lakehead University) have posted Au Revoir, Monsieur Big? Confessions, Coercion, and the Courts ((2016) 23(2) Criminal Reports) on SSRN. Here is the abstract:
In R. v. Laflamme, the Quebec Court of Appeal ruled that the police’s repeated and escalating use of simulations of violence and violent threats during a “Monsieur Big” operation was coercive and amounted to an abuse of process. The court threw out the suspect’s confession and stayed the proceedings, marking the first time that a court has excluded a Mr. Big confession as an abuse of process. The purpose of this comment is to assess the impact and importance of that decision.