The accused was charged with possessing, accessing, and making child pornography available after police executed a search warrant at his residence and found illicit files on his computer.
During a blended voir dire and trial, the court found that police breached the accused's s. 10(b) Charter rights by failing to promptly caution him upon detention and delaying his access to counsel for over three hours.
Consequently, the accused's initial utterances were excluded under s. 24(2).
However, portions of a subsequent videotaped interview were admitted, as they were voluntary and survived s. 24(2) scrutiny despite being tainted by the earlier breaches.
Relying on the admitted statements and circumstantial evidence of the accused's sophisticated computer usage, the court found the accused guilty on all counts.
