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ARTICLE · 27 JUNE 2011

More On Can They Make You Talk?

Decades after the adoption of the Canadian Charter of Rights, and Freedoms, and after thousands of Miranda warnings on TV, most Canadians think they have a right to remain silent when the government comes after them.

CanadaEnvironment

Decades after the adoption of the Canadian Charter of Rights, and Freedoms, and after thousands of Miranda warnings on TV, most Canadians think they have a right to remain silent when the government comes after them.

To some extent, this is true–people pulled off the street by uniformed police almost never have a legal obligation to answer questions, with obvious exceptions when keeping silent would expose others to harm, such as the obligations to report spills and communicable diseases.

For routine matters, though, regulated businesses actually have very little privacy, or rights to silence, vis-à-vis their regulators. There are numerous reporting obligations for regulated communities, from income tax returns to the National Pollutant Release Inventory, with the census thrown in for good measure. Many statutes, such as the Ontario Water Resources Act and Environmental Protection Act, give inspectors the rights to enter private property, go through files, take

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