During a criminal trial for sexual assault, the accused challenged the admissibility of a videotaped police interview, alleging a breach of his right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms.
The accused argued he felt compelled to attend the police station and was not informed of free legal advice.
The court found the accused was not detained when he attended the voluntary interview and therefore his s. 10(b) rights were not triggered.
Applying the voluntariness framework from R. v. Oickle, the court concluded the statement was voluntary and not obtained through threats, oppression, trickery, or impairment of the accused’s operating mind.
The videotaped interview was ruled admissible at trial.
