The appellant was convicted of two counts of first degree murder after confessing to undercover police officers during a 'Mr. Big' operation.
He appealed, arguing his statements were obtained in violation of his section 7 Charter right to silence and should have been excluded at common law.
He also argued the trial judge erred in excluding expert evidence on false confessions and failing to adequately warn the jury about the unreliability of his statements.
The Court of Appeal dismissed the appeal, holding that the right to silence is not engaged when a suspect is not detained, the police conduct would not shock the community, the expert evidence was unnecessary, and the jury instructions were sufficient.
