The accused, Andrew Tucker, facing charges including assault, sexual assault, and criminal harassment, brought a Charter application to exclude an in-custody statement.
The application was based on a breach of his s. 10(b) right to counsel, as he was not re-advised of his rights when his jeopardy significantly changed with additional charges.
The Crown conceded the s. 10(b) breach was egregious.
Applying the s. 24(2) analysis, the court found the breach serious and its impact on the accused's rights significant.
Given that the statement was not essential to the Crown's case, the court concluded that its exclusion would not bring the administration of justice into disrepute.
Consequently, the accused's in-custody statement was excluded from evidence.