This ruling addresses the voluntariness of three statements made by the accused, Nadine Melvaer and Tyler Campbell, to police in relation to the death of Oliver McCarthy.
The Crown sought to admit Nadine Melvaer's statements from January 15-16, 2020, and March 31, 2021, and Tyler Campbell's statement from January 23, 2020.
The court applied the common law confessions rule, considering factors such as inducements, oppressive circumstances, operating mind, police trickery, and the presence or absence of a police caution.
The court found all three statements to be voluntary and admissible, concluding that the police conduct did not unfairly deprive the accused of their free choice to speak.
