The applicant was charged with sexual assault contrary to section 271 of the Criminal Code and sexual exploitation contrary to section 153.1(1) of the Criminal Code.
The applicant sought to exclude a statement provided to police on the grounds of a Charter violation under section 10(b) regarding the right to counsel, asserting that he was detained at the time of the statement.
The applicant conceded the voluntariness of the statement.
The Crown argued that the applicant was not detained and therefore no obligation to provide rights to counsel arose.
The court applied the detention test from R. v. Grant and found no significant physical or psychological restraint.
The applicant voluntarily attended the police station, was treated respectfully and politely, was informed he could leave at any time, and was interviewed in a comfortable witness room rather than an interrogation room.
The court dismissed the Charter application and found the statement admissible.
