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R. v. Manninen : ウィキペディア英語版
R v Manninen
''R v Manninen'' () 1 S.C.R. 1233 is a leading Supreme Court of Canada decision on an accused Charter right to retain and instruct a lawyer (section 10(b)) as well as the right to silence (section 24(2)).
==Background==
In October 1982, Ronald Charles Manninen robbed a local Mac's Milk store in downtown Toronto and escaped in a recently stolen car. The store owner reported to the police that the individual who robbed him had a knife and wore a grey hoodie. Two days later, two plainclothes police officers arrested Manninen at a simonizing store for theft, armed robbery, and possession of a stolen car. They read him his rights twice. Manninen said that he was not going to say anything until he consulted his lawyer. Even though there was a phone nearby, at no point did the police make any effort to allow him to contact his lawyer. Instead, they proceeded to ask questions, and at one point they say:
:''Q. Where is the knife that you had along with this (showing the respondent the CO2 gun found in the car) when you ripped off the Mac's Milk on Wilson Avenue?''
:''A. He's lying. When I was in the store I only had the gun. The knife was in the tool box in the car. ''
This statement became the basis of his conviction at trial.
Manninen appealed on the basis that the questions violated his rights to counsel under section 10(b) as they did not provide him with the opportunity to call a lawyer and due to the violation the evidence obtained in violating his right should be excluded under section 24(2). The Court of Appeal agreed and overturned his conviction.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「R v Manninen」の詳細全文を読む



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