The applicant, awaiting trial for obstruct justice, brought a motion to exclude the transcript of his compelled testimony from his mother's preliminary inquiry, alleging violations of sections 7 and 13 of the Charter.
The applicant had refused to answer substantive questions at the preliminary inquiry, leading to the obstruct justice charge.
The court dismissed the section 7 claim, finding no principle of fundamental justice that balances the necessity of evidence against a witness's psychological integrity.
However, the court granted the section 13 claim, holding that the transcript constituted incriminating evidence and that the obstruct justice charge, which was based on a refusal to provide material evidence rather than giving false evidence, did not fall within the perjury or contradictory evidence exceptions to section 13.
