R. v. Turcotte
Encyclopedia
R. v. Turcotte, [2005] 2 S.C.R. 519 is a leading Supreme Court of Canada
decision on the common law
right to silence
and the conditions to waive that right.
were murdered with an axe. Thomas Turcotte, a work-hand at the ranch, claims to have found the bodies of the three men but that he did not kill them. He had gone to the police to tell them to send someone to the ranch, but he would not explain why, even at the insistence of the police. When the bodies were found Turcotte was charged with murder
.
At trial the judge instructed the jury that his silence was admissible as evidence of "post-offence conduct", from which guilt could be inferred. All of the evidence was circumstantial, but Turcotte was found guilty of murder.
The defence appealed on the grounds that silence could not be "post-offence conduct". The British Columbia Court of Appeal
agreed and overturned the conviction.
wrote the decision of the unanimous Court. She held that silence could not be part of "post-offence conduct" and ordered a new trial. She noted that to allow such evidence would make the right to silence hollow of meaning.
On the issue of whether Turcotte had waived his right to silence, Abella found that he had not. "The right to choose whether to speak is retained throughout the interaction." Thus, the right remains even when the accused agrees to answer some questions but not others.
"Post-offence conduct" must provide some circumstantial evidence of guilt. The law does not impose any duty to speak and so any refusal to do so cannot imply guilt. Consequently, silence can rarely be admitted as evidence of post-offence conduct.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
right to silence
Right to silence
The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems....
and the conditions to waive that right.
Background
Three men who worked at a ranch in British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
were murdered with an axe. Thomas Turcotte, a work-hand at the ranch, claims to have found the bodies of the three men but that he did not kill them. He had gone to the police to tell them to send someone to the ranch, but he would not explain why, even at the insistence of the police. When the bodies were found Turcotte was charged with murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
.
At trial the judge instructed the jury that his silence was admissible as evidence of "post-offence conduct", from which guilt could be inferred. All of the evidence was circumstantial, but Turcotte was found guilty of murder.
The defence appealed on the grounds that silence could not be "post-offence conduct". The British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
agreed and overturned the conviction.
Opinion of the Court
Justice Rosalie AbellaRosalie Abella
Rosalie Silberman Abella, is a Canadian jurist. She was appointed in 2004 to the Supreme Court of Canada, becoming the first Jewish woman to sit on the Canadian Supreme Court bench.- Early life :...
wrote the decision of the unanimous Court. She held that silence could not be part of "post-offence conduct" and ordered a new trial. She noted that to allow such evidence would make the right to silence hollow of meaning.
On the issue of whether Turcotte had waived his right to silence, Abella found that he had not. "The right to choose whether to speak is retained throughout the interaction." Thus, the right remains even when the accused agrees to answer some questions but not others.
"Post-offence conduct" must provide some circumstantial evidence of guilt. The law does not impose any duty to speak and so any refusal to do so cannot imply guilt. Consequently, silence can rarely be admitted as evidence of post-offence conduct.