In a sexual assault prosecution, the Crown sought admission of a DVD-recorded statement for use in cross-examination if the accused testified.
The court held the statement was obtained in a manner connected to a conceded s. 9 Charter breach arising from the police decision to keep the accused for interview despite knowing he would not be brought before a justice within the 24-hour limit in s. 503 of the Criminal Code.
Applying the Grant framework, the court found the police conduct very serious, the impact on the accused's liberty interests significant, and society's interest in adjudication on the merits insufficient to outweigh exclusion, particularly given the statement was not part of the Crown's main case.
The court excluded the statement under s. 24(2) and found it unnecessary to decide the alleged s. 10(b) breach.
