The Crown brought an application to admit the video statements of two accused, Vickerson and Fairbarn, obtained during a large-scale fraud and drug trafficking investigation.
Fairbarn also applied to exclude her statements under ss. 10(a) and 10(b) of the Charter.
The court found Vickerson's statements were voluntary and admissible, as he was properly advised of his rights, spoke to duty counsel, and chose to answer questions.
However, the court found Fairbarn's statements were not voluntary due to a combination of factors, including an unrecorded conversation with a detective who allegedly offered inducements, and a failure to fully advise her of her jeopardy regarding the trafficking investigation.
Fairbarn's statements were excluded.
