The Crown and the accused brought several pretrial applications in a criminal proceeding involving an alleged acid attack.
The court ruled the accused's statement to police was voluntary and admitted certain discreditable conduct evidence.
However, the court found violations of the accused's s. 10(b) Charter rights during police transport and a violation of s. 503(1) of the Criminal Code (and ss. 9/10(c) of the Charter) for unreasonable delay in bringing the accused before a justice.
Consequently, statements made during transport and the audio-video recorded statement at the station were excluded under s. 24(2) of the Charter.
The accused's Garofoli and other Charter applications were dismissed.
