R v Darrach

Gonthier also found that Darrach’s right to avoid self-incrimination was not infringed by the requirement for him to testify regarding his ”voir dire” affidavit, because the accused made the voluntary decision to have the ”voir dire” carried out. The decision to have the ”voir dire”, and by extension the requirement to submit an affidavit and accept cross-examination, was voluntarily made by Darrach. Any testimony at the ”voir dire” would have solely been to determine the admissibility of the evidence Darrach wished to submit, and would have been unusable in the trial itself.<ref name=”SCC”/>

Gonthier also found that Darrach’s right to avoid self-incrimination was not infringed by the requirement for him to testify regarding his ”voir dire” affidavit, because the accused made the voluntary decision to have the ”voir dire” carried out. The decision to have the ”voir dire”, and by extension the requirement to submit an affidavit and accept cross-examination, was voluntarily made by Darrach. Any testimony at the ”voir dire” would have solely been to determine the admissibility of the evidence Darrach wished to submit, and would have been unusable in the trial itself.<ref name=”SCC”/>

== See also ==

* [[List of Supreme Court of Canada cases (McLachlin Court)]]

==References==

==References==