Chapter 10

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1. An informal admission is one that relieves the Crown of the burden of proving a certain fact (or facts) in a case.

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2. If student Sam tells student Sally that he committed the armed robbery that was on the news last night, Sally can be called as a witness and repeat the statement that Sam said to her.

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3. The confession rule requires that admissions made to a person in authority are admissible as evidence against the accused only if the Crown can show, beyond a reasonable doubt, that they were voluntary.

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4. The problems associated with determining who is a person in authority do not exist in the United States, where the prosecutor has to prove the voluntariness of all statements by the accused.

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5. The issue as to who is a person in authority must be resolved by considering it subjectively from the viewpoint of the accused, and there is no requirement that there be a reasonable basis for the accused's belief that the person hearing the statement was a person in authority.

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6. The derived confessions rule addresses the question of when a second statement should be excluded following an inadmissible first statement.

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7. An involuntary confession cannot be used as evidence against the accused, but it can be used to cross-examine and challenge the credibility of an accused.

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8. An accused who waives his or her right to counsel must be aware of the consequences of waiving that right to counsel.

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9. In circumstances where an accused states an inability to afford counsel, there is no need to provide the accused with information about available lawyers.

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10. A person compelled to testify at an administrative hearing would be entitled to evidence immunity under section 13 of the Charter and derivative-use immunity under section 7 in any subsequent criminal proceedings.

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