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by mardifoufs
884 days ago
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No, we don't. This is a misconception. There's no equivalent to the pleading the fifth. The supreme Court has been pretty clear about that. >In the United States, the Fifth Amendment permits a witness to refuse to answer any question that may incriminate them (a.k.a. “taking the fifth” or “pleading the fifth”). This is not how the law works in Canada. In Canada, a witness can be forced to answer incriminating questions. https://www.aclrc.com/section-13#:~:text=In%20the%20United%2.... |
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> As part of the bargain, however, the Crown cannot use that evidence to incriminate the witness in another proceeding.
It seems important since it still prevents one from self-incrimination in the context of the courts. Maybe there are other legal ramifications caused by this distinction but it sounds functionally equivalent.