D. Allison

The Crown brought an application during a first-degree murder trial to determine the voluntariness of two statements made by the accused to police.

The first statement was made to patrol officers investigating a trespass complaint prior to the murder, and the second was a six-hour interview following the accused's arrest by a tactical unit.

The court applied the Oickle framework and found no evidence of inducements, oppression, lack of an operating mind, or police trickery.

Both statements were ruled voluntary, with the first admissible in the Crown's case in chief and the second admissible for cross-examination.

The accused, facing multiple charges including assault and sexual assault, elected to be tried by a judge and jury and obtained an order under section 530 of the Criminal Code for an English-speaking jury.

The accused subsequently brought an application to challenge prospective jurors for cause regarding their English language competency pursuant to section 638(1)(f) of the Code.

The court dismissed the application, holding that the statutory provisions do not create an automatic right to challenge jurors on linguistic competency without empirical evidence demonstrating a need for independent evaluation beyond the standard pre-screening mechanisms.

The offender pleaded guilty to attempted murder after attacking her adult daughter with an Exacto knife and a kitchen knife, slashing the victim’s throat and stabbing her before being interrupted by the victim’s boyfriend.

The victim survived but suffered severe and lasting physical and psychological consequences.

The court considered the broad sentencing range for attempted murder and emphasized denunciation and deterrence, particularly given the planned nature of the attack and the domestic relationship between offender and victim.

Although the offender had no criminal record, pleaded guilty, and expressed remorse, the offence involved deliberate planning, abuse of familial trust, and serious injury.

The court imposed an 11‑year penitentiary sentence, with enhanced credit for pre‑sentence custody and ancillary orders.