The defendant applied under sections 7 and 24 of the Charter to exclude the testimony of his former girlfriend, arguing that police violated her s. 10(b) right to counsel during an interrogation, which amounted to an abuse of process.
The court found that while the witness's rights may have been breached, the defendant's fair trial rights were not violated.
The court held that the police conduct did not undermine society's expectations of fairness in the administration of justice, and excluding the evidence would be more likely to bring the administration of justice into disrepute.
The application was dismissed.
