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42-631: The Minister of Agriculture and Agri-Food is responsible for the Canadian Grain Commission. The Commission is governed by the Canada Grain Act (R.S.C. 1985, c. G-10), which provides for the appointment of three commissioners by the federal cabinet, one of whom is named chief commissioner. The CGC is headed by a Chief Operating Officer (COO), who reports to the chief commissioner. Its headquarters are located in Winnipeg , Manitoba. As of 2013,

84-465: A confession willingly without being intimidated or coerced into making such statement. The right against self-incrimination originated in England and Wales . In countries deriving their laws as an extension of the history of English common law , a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination. The current statutory basis for

126-508: A person who is not charged in the case in question. A person issued a subpoena, who is not charged in respect of the offence being considered, must give testimony. However, this testimony cannot later be used against the person in another case. Section 13 of the Charter states: 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

168-553: A prosecution for perjury or for the giving of contradictory evidence. Historically, in Canadian common law, witnesses could refuse to give testimony that would self-incriminate. However, section 5(1) of the Canada Evidence Act eliminated that absolute common law privilege by instead compelling witnesses to testify. In exchange, section 5(2) of the same act granted the witnesses immunity from having that evidence used against them in

210-478: A self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. In many legal systems , accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects , which include

252-459: A successor to the minister of agriculture ( French : ministre de l'agriculture ), a position that existed since Canadian Confederation in 1867. Key: Self-incrimination In criminal law , self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of

294-739: A system of grading and inspection for Canadian grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada In 1971, the Canadian Grain Commission replaced the Board of Grain Commissioners for Canada , which was created in 1912 by the Conservative government of Robert Borden . Even then it was colloquially known as the "Canadian grain commission". The 1912 legislation provided "that all owners and operators of elevators , warehouses and mills and certain traders in grain, shall be licensed; for supervision of

336-704: Is a minister of the Crown in the Cabinet of Canada , who is responsible for overseeing several organizations including Agriculture and Agri-Food Canada , the Canadian Dairy Commission , Farm Credit Canada , the National Farm Products Council and the Canadian Grain Commission . The current minister of agriculture and agri-food is Lawrence MacAulay . The post was established in 1995 as

378-576: Is a notable example of a Canadian skyscraper displaying Brutalist elements. The building's "extended cap" was designed because of a space needed between the upper and lower floors for specialized mechanical equipment used to transport grain to an upper-level flour mill and test brewery . Smith remarked on the challenges involved: Mixing two different functions in a vertical building is difficult. Normally construction would be separated horizontally. In this case, we worked out two separate modules for offices and lab space, [and] found we needed greater depth in

420-528: Is any "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way". Suspects must be warned, prior to the interrogation, that they have the right to remain silent, that anything they say may be used against them in a court of law, that they have the right to have an attorney and if one cannot afford an attorney, one will be appointed to defend such person. Further, only after such warnings are given and understood, may

462-403: Is not considered using their right to withhold information that can potentially be self-incriminating. In order to exercise their right to remain silent, the defendant must verbally and clearly state that they are doing so. For example, a defendant can say, "I am exercising my right to remain silent and will not be answering any further questions." Article 20 (3) does not pertain to those who made

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504-736: The BNA Act , was contested in the Supreme Court. The Fauteux court ruled it be intra vires . In 1975, a private rapeseed elevator was declared by the Laskin court to be a "grain elevator" and thus under the control of the CGC and CWB. In 1980, the defendant corporation in a case of illicentious sale of grain contended in front of the Laskin court that its employee, the manager of a grain elevator, could not be compelled to testify against it by virtue of an extension of

546-458: 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: Any person charged with an offence has the right ... not to be compelled to be a witness in proceedings against that person in respect of the offence ... An important caveat in Canadian law is that this does not apply to

588-460: The Criminal Justice and Public Order Act 1994 amended the right to silence by allowing inferences to be drawn by the jury in cases where a suspect refuses to explain something, and then later produces an explanation. In other words, the jury is entitled to infer that the accused fabricated the explanation at a later date, since the accused refused to provide the explanation during the time of

630-693: The High Court affirmed that the common-law privilege against self-incrimination could only be abrogated by explicit statutory provisions. A number of federal statutes require individuals to provide truthful answers to questions posed by government agencies – including the Australian Crime Commission , Australian Competition & Consumer Commission , Australian Security Intelligence Organisation and Australian Securities & Investments Commission – and provide no exemption for self-incriminatory statements. In Canada, similar rights exist pursuant to

672-484: The Miranda ruling , a person also has the right to remain silent while in police custody so as not to reveal any incriminating information. In order to invoke this constitutional right to remain silent, a person must explicitly and unambiguously tell officers that they are exercising this right to remain silent. Therefore, staying silent without a prior exclamation that one is exercising this constitutional right does not invoke

714-630: The United Nations 's International Covenant on Civil and Political Rights in 1998 also guarantees Chinese citizens the right against self-incrimination; however, China has not ratified the treaty. In India, under Article 20 (3) of the Constitution, the defendant has the right against self-incrimination, but witnesses are not given the same right. A defendant must be informed of their rights before making any statements that may incriminate them. Defendants must not be compelled to give any statements. In

756-598: The right to remain silent and the right to legal counsel . These laws are not uniform across the world; however, members of the European Union have developed their laws around the EU's guide. A limited right against self-incrimination exists at common law in Australia , but is not protected by the federal constitution or at state level where the majority of criminal law prosecutions take place. In Sorby v Commonwealth (1983),

798-461: The right to silence . It failed and a trial de novo was ordered. The court held, grosso modo , that the employee was not bound to the body corporate to such an extent, and the doctrines about self-incrimination did not apply. Ernest J. Smith of Smith Carter was the principal architect of the Grain Commission's current headquarters, nicknamed the "mushroom building", the structure itself

840-645: The Board' was denied by the Anglin court of the SCC. They ruled that the federal government had encroached into provincial jurisdiction. In 1971 and in the era of the Canadian Wheat Board (CWB), the power of the federal government to declare a private grain elevator works constructed after the passage of the legislation as "works for the general advantage of Canada", thus gathering them under its control under section 92.10.c of

882-478: The Fifth Amendment's basic functions ... is to protect innocent men ... who otherwise might be ensnared by ambiguous circumstances. ... truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth. The U.S. Supreme Court has also stated: Too many, even those who should be better advised, view this privilege as

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924-540: The case that a defendant is pressured into giving a statement that is self-incriminating, the statement will not be admissible in a court of law. The Code of Criminal Procedure and the Indian Constitution give defendants the Right to Silence, i.e. the right to withhold self-incriminating information to authorities. Defendants must inform the authorities that they are exercising their Right to Silence; withholding information

966-531: The commission has two regional offices which provide a full range of inspection, weighing, analytical, and entomology services, namely, Montreal and Vancouver . The function of the CGC is, among other things, to establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada, to ensure a dependable commodity for domestic and export markets . recommend and establish grain grades and standards for those grades and implement

1008-504: The crime they are accused of, it is mandatory for detainees to answer basic questions of identity such as: name, date of birth, address, and nationality. The Fifth Amendment to the United States Constitution protects the accused from being forced to incriminate themselves in a crime. The Amendment reads: No person ... shall be compelled in any criminal case to be a witness against himself ... Additionally, under

1050-422: The danger that the person making the statement will be accused, charged or prosecuted – even if the statement is true, and even if the person is innocent of any crime. Thus, even a person who is innocent of any crime who testifies truthfully can be incriminated by that testimony. The United States Supreme Court has stated that the Fifth Amendment privilege protects the innocent as well as the guilty. ... one of

1092-745: The future except in the case of perjury or impeachment . While these provisions of the Canada Evidence Act are still operational, they have been overtaken in their application by the immunities granted by sections 13 and 7 of the Canadian Charter of Rights and Freedoms . After the 1996 amendments to the Criminal Procedure Law, Article 15 states that "It shall be strictly prohibited to extort confessions by torture , gather evidence by threat, enticement, deceit , or other illegal means, or force anyone to commit self-incrimination." In 2012

1134-582: The handling and storage of grain in and out of elevators, etc.; and prohibits persons operating or interested in a terminal elevator from buying or selling grain. It contains, also, provisions for inspection and grading." In 1922, the Davies court ruled that the criminal provisions of the CGA fell without the ambit of the "in any case whatever" section 36 provisions of the Supreme Court Act of 1906, and that therefore

1176-489: The individual knowingly waive them and agree to answer questions or make a statement. It is also important to note that the Fifth Amendment protects certain types of evidence, specifically testimonial evidence , which are statements that are spoken by the person in question that are made under oath. For a list of other different types of evidence, see Evidence (law) . The United States Supreme Court rulings of Miranda v. Arizona and Terry v. Ohio leave questions about

1218-490: The individual, the potential threat is defused in the least invasive means possible. In the case of U.S. vs. Bailey , the Second Circuit court found the officers' original stop to be constitutional, but ruled that the events which transpired after handcuffing took place fell outside the realm of a constitutional Terry stop. This results from both suspects having already been patted down and deemed unarmed. At which point,

1260-401: The investigatory stop, requiring the use of handcuffs in order to ensure the protection of those officers involved. This differs from Second Circuit court rulings of the past. In the case of U.S. vs. Newton , a police officer is permitted to utilize handcuffs during a Terry stop if the officer has reason to believe that the detainee poses an immediate physical threat, and that by handcuffing

1302-404: The lab and rationalised the present form. In 1976, John Cullen Nugent 's No. 1 Northern , a large steel abstract sculpture was unveiled, a work intended to be a metaphor for fields of wheat, represented in multi-layer rectangular shapes and painted the "brilliant" yellow of harvest wheat, and designed to represent Canada's hardy top grade, red spring wheat hybrid of the same name. The work

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1344-453: The law was also re-amended to strengthen the human rights protection of criminal suspects. China has since recognized the right against self-incrimination and forced confessions are prohibited by law. However, in practice as human rights violations in China continue to be committed, it is still common practice for police to use torture on suspects to obtain forced confessions. China's accession to

1386-699: The legislators could and did draw up a statute which limited the power of the Supreme Court of Canada (SCC). The defendant, a Manitoba elevator, was convicted for selling grain on commission without a licence, in contravention of section 215 of the Canada Grain Act of 1912. His conviction was quashed by the Court of Appeal, which held section 215 of the Grain Act to be ultra vires of the Dominion Parliament, and

1428-539: The notion that by utilizing handcuffs during a Terry stop, that stop is then automatically transformed into an arrest, thus warranting the reading of Miranda rights, up until the decision of US versus Fiseku . In holdings of U.S. versus Fiseku , the defendant argues that the officers’ use of handcuffs convert a Terry stop into an arrest without probable cause, thus violating his Fourth Amendment rights. The District Court ruled in disagreement with this matter, suggesting that there were unusual circumstances surrounding

1470-415: The officers had no authority to handcuff either of these men, as they were already proven to be non-threatening. In both cases, the Second Circuit court made the determination that the use of handcuffs converted these stops into arrests, and were grounds for Miranda . The ruling of U.S. versus Fiseku disrupts this conversion trend by determining otherwise. The grounds for this holding are ambiguous, given

1512-820: The police questioning. The jury is also free not to make such an inference. In Scots criminal and civil law, both common and statute law originated and operate separately from that in England and Wales. In Scots law , the right to silence remains unchanged by the above, and juries' rights to draw inferences are severely curtailed. On January 25, 2018, the law in Scotland changed in regard to people being detained by police. These changes only affect people who are arrested after January 25, 2018. Those who are arrested have 'the right to remain silent' and are not obligated to answer questions asked by police. However, although someone being detained by police does not need to answer questions regarding

1554-498: The privilege against self-incrimination for defendants in criminal trials in England and Wales is the Criminal Evidence Act 1898 s1(2) (as amended): a person charged in criminal proceedings who is called as a witness in the proceedings may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to any offence with which he is charged in the proceedings Applying to England and Wales,

1596-455: The prosecution was handcuffed by the concurrence of highest court. In 1925, the power of the Federal government to enact a tax policy whereby 'if at the end of any crop year in any terminal elevator "the total surplus of grain is found in excess of one-quarter of one per cent of the gross amount of the grain received in the elevator during the crop year" such surplus shall be sold for the benefit of

1638-595: The right. In Miranda v. Arizona (1966) the United States Supreme Court ruled that the Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of them their right to remain silent and their right to an attorney. Justice Robert H. Jackson further notes that "any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances". Miranda warnings must be given before there

1680-424: The striking similarities between this court ruling and those of Newton and Bailey . The new verdict could potentially be instituted to enable police officials to impede on citizens' constitutional rights as long as the technique being used is considered to be less intrusive than that of an officer pulling his or her gun on an unarmed suspect. An incriminating statement includes any statement that tends to increase

1722-427: The types of conduct that are appropriate for both the protection of the public, and criminal suspects' constitutional rights. The use of handcuffs on a suspect during a Terry stop infringes on their Fourth and Fifth Amendment rights. During the action of handcuffing a suspect, a custodial environment is created, thereby invoking the information of that individual's Miranda rights . The Second Circuit Court maintained

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1764-727: Was so disliked by some officials, employees of the Commission, the press, and the public, that it was removed in 1978 over the artist's objections and attempts at litigation. In 1997, after a second installation and removal from another federal building in Winnipeg, Nugent's sculpture was reinstalled in front of the Grain Commission building. 49°53′38.5″N 97°08′13″W  /  49.894028°N 97.13694°W  / 49.894028; -97.13694 Minister of Agriculture and Agri-Food The minister of agriculture and agri-food ( French : ministre de l'agriculture et de l'agroalimentaire )

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