During a trial for importing drugs, a voir dire was held to determine the admissibility of statements made by the accused to Canada Border Services Agency officers at the airport.
The court found that the Crown failed to prove the voluntariness of the statements made by both accused due to incomplete and unreliable officer notes that lacked context.
Furthermore, the court found that the officers breached one of the accused's s. 10(b) Charter rights by unreasonably delaying her opportunity to contact counsel.
The statements were excluded under s. 24(2) of the Charter.
