The accused, charged with second degree murder of his wife, sought to exclude statements made to police on the basis that they were involuntary and obtained in breach of his ss. 10(a) and 10(b) Charter rights.
The accused argued that the police failed to provide a Dari interpreter promptly, delaying his ability to consult counsel.
The court found the statements voluntary despite a recording failure, as the officers' notes and an interpreter's statement provided a sufficient record.
The court also dismissed the Charter applications, finding the accused understood the reason for his arrest and his right to counsel in Hindi, and that the delay in securing a Dari interpreter was reasonable in the circumstances.
The statements were ruled admissible.
