Canadian Law
In Canada, similar rights exist pursuant to the Charter of Rights and Freedoms. Section 11 of the Charter provides that one cannot be compelled to be a witness in a proceeding against oneself. Section 11(c) states:
- 11. Any person charged with an offense has the right … c) not to be compelled to be a witness in proceedings against that person in respect of the offense…
An important distinction in Canadian law is that this does not apply to a person who is not charged in the case in question. A person issued subpoena, who is not charged in respect of the offense being considered, must give testimony. However, this testimony cannot later be used against the person in another case. Section 13 of the Charter states:
- 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Read more about this topic: Self-incrimination
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