The accused was arrested for robbery, consulted counsel, and stated he did not wish to make a statement to the police.
He was then placed in a cell with an undercover police officer who engaged him in conversation and elicited incriminating statements.
The Supreme Court of Canada held that the accused's right to remain silent under section 7 of the Charter was violated by the police trickery.
The Court concluded that the admission of the conscripted statements would render the trial unfair and bring the administration of justice into disrepute, excluding the evidence under section 24(2) and restoring the acquittal.
