Prepare the case

Before you begin writing, follow these guidelines to help you prepare and understand the case study:

With the McCrimmon case study you should focus on identifying the issues with interrogation techniques as identified in week 13 _False confessions - Rights to Counsel and cautions.

Read and examine the case thoroughly

• Take notes, highlight relevant facts, underling key problems.

Focus your analysis

• Identify two to five key problems.
• Why do they exist?
• How do they impact the case?
• Who is responsible for them?
• 6 marks

Uncover possible solutions/changes needed

• Support your analysis with information from other relevant/similar cases.
• 2 marks

Select the best solution

• Recommend further action to resolve some of the issues.
• 2 marks

R. v. McCrimmon

On Saturday, December 3, 2005, the RCMP arrested Mr. McCrimmon at his home in

relation to eight assaults committed against five different women over the course of the previous few

months. He was alleged to have picked up the women in downtown Chilliwack, B.C., driven them

to an isolated area, and assaulted them. Two of the complainants alleged that he had drugged them

with what turned out to be chloroform. The offences with which he was charged included assault,

sexual assault, assault causing bodily harm, unlawful confinement, and the administration of a

noxious substance with intent to cause bodily harm.

At 5:15 p.m., Sgt. Allan Proulx, an officer with specialized training in interrogation

techniques, took Mr. McCrimmon into an interview room outfitted with an audio and video recorder

and spoke with him for approximately three hours and twenty minutes. At the outset of the

interview, Mr. McCrimmon confirmed having spoken with a Legal Aid lawyer, revealing the advice

received that he did not have to say anything to the police. Sgt. Proulx affirmed Mr. McCrimmon's

right to silence, cautioned him that anything he said could be used against him, and commenced with

the investigative interview.

Sgt. Proulx continued his attempts to persuade Mr. McCrimmon to discuss the incidents

under investigation, interspersing his remarks with references to what the police knew about the

incident and referring to witness statements. When pressed for his version of events, Mr.

McCrimmon emphasized the absence of his lawyer, his sense of feeling "vulnerable without any

representation", and his ignorance of "the legal ways" (A.R., vol. III, at p. 51). Mr. McCrimmon

insisted that he would not speak without his lawyer, stating "my voice will be heard in the end, with

my lawyer", and that he was "adamant about that" (A.R., vol. III, at pp. 53 and 55). Sgt. Proulx

affirmed that Mr. McCrimmon had a right to exercise his right to silence and that he did not have

"to keep repeating it . . . to get that" (p. 55).

Sgt. Proulx then carried on with long monologues obviously designed to establish a

rapport with Mr. McCrimmon and elicit information from him. Later, steering the topic of

conversation back to the alleged offences, Sgt. Proulx related more details known to the police,

prompting Mr. McCrimmon to begin describing his version of the events. As Sgt. Proulx showed

photographs of the assaulted women (A.R., vol. III, at p. 87), Mr. McCrimmon said he was going

to be sick, and he was escorted to the washroom where he threw up. At this point, two hours after

the start of the interview, Mr. McCrimmon began to admit to his involvement in the investigated

offences, following Sgt. Proulx's display of photographs taken from a store security camera. Mr. McCrimmon subsequently made a number of statements implicating himself in the offences.

The interview concluded at approximately 8:24 p.m. and Mr. McCrimmon was returned to his cell.

Full Case law link or attachment below.

2010 SCC 36 (CanLII) | R. v. McCrimmon | CanLII