The accused was charged with first-degree murder after his spouse, who suffered from COPD, died when her home oxygen was turned off.
During the medical emergency response, the accused made several statements to police officers and a paramedic.
The defence brought an application to exclude the statements, arguing they were involuntary and obtained in violation of ss. 7, 9, and 10 of the Charter.
The court found that statements made to the first responding officers and the paramedic were voluntary and admissible, as the accused was not detained and the paramedic was not a person in authority.
However, the court found a s. 10(b) Charter breach occurred when officers told the accused he would be arrested but delayed advising him of his right to counsel.
Statements made after this breach were excluded under s. 24(2).