The Crown sought to admit statements made by the accused during a police interview following his arrest for child pornography offences.
The accused argued the statements were involuntary and that his rights under sections 7 and 10(b) of the Charter were breached, particularly when police asked for his cell phone password without restating his right to counsel.
The court found the statements were voluntary, noting the accused had an operating mind and was not subjected to oppressive conditions or inducements.
The court also held that asking for a cell phone password in these circumstances was a routine question that did not require a further opportunity to consult counsel.
The statements were ruled admissible.
