The Crown brought a voir dire application to admit a statement made by the accused to police following his arrest.
The accused, charged with first degree murder, argued the statement was involuntary due to an atmosphere of oppression and lack of an operating mind, and sought its exclusion under s. 24(2) of the Charter, alleging breaches of his s. 10(a) and 10(b) rights because police delayed charging him with unrelated undercover offences to protect an ongoing investigation.
The Superior Court of Justice found the statement voluntary beyond a reasonable doubt, noting the accused understood his rights and jeopardy.
The court dismissed the Charter application, finding no breach as the police acted in good faith under a judicially authorized investigative plan, and held that even if a breach occurred, the evidence would not be excluded under the Grant framework.
