The Crown sought to admit statements made by three defendants charged in relation to a first degree murder.
The defendants argued the statements were involuntary and obtained in breach of their Charter rights.
The court found all three statements were voluntary.
Mr. Kerr's statement was admitted despite a minor s. 10(b) breach.
Mr. Samuel's statement was admitted as no Charter breaches were established.
Ms. Owen's statement was excluded under s. 24(2) because she was arbitrarily detained and denied her right to counsel during the execution of a search warrant, and the court rejected the Crown's argument that the 'actus reus exception' precluded exclusion.
