This essay The Dubois Case: has a total of 303 words and 3 pages.
The Dubois Case:
Section 13 of the Charter applies to this case:
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.
In this case , Dubois gave a testimony admitting to killing a man under certain circumstances. He was ordered a new trial by the judge because the judge misdirected the jury members when giving instructions to them. In the re-trial, the testimony from the first trial was read .
Step 3 :
O bjective: To keep the testimony from the first trial from being introduced into the second trial so that it does not influence the outcome of the new trial .
Goal: He can plead not-guilty , and it's the job of his defense attorney to convince the court that there were circumstances to justify his actions ( e .g. Self Defense , etc. )
Failure of the court by reading the accused's first trial testimony. When he has the right not to self-incriminate.
Step 4 :
Dubois' rights were infringed under Section 13 of the Charter. If they were to use the Dubois ' previous testimony , he would be compelled to testify, therefore contradicting the right to remain silent and to be presumed innocent. Furthermore, the best remedy for this situation is to ensure Mr. Dubois' lawyers' prevent the testimony for the last trial to be used in the new trial. h
Dubois Case Assignment Paper.
Impaired Driving - Case Brief. (n.d.). Retrieved February 20, 2017, from http://www.lawyers.ca/cases/results.asp?ID=547