Jennifer Anne Halajian

The Crown sought to admit a videotaped police statement made by the accused following a high-risk arrest for murder and attempted murder.

The defence argued the statement was involuntary due to oppressive circumstances, including the manner of arrest, relentless questioning, and the accused's physical illness.

The court applied the common law confessions rule and found the statement voluntary for the first three hours and twenty-three minutes, as the accused was able to make a meaningful choice to speak or remain silent.

However, the court found a reasonable doubt as to voluntariness for the remainder of the interview, as the accused became visibly ill and unable to continue.

The statement was ruled partially admissible.

The Crown sought to admit a videotaped police statement made by the accused during a homicide investigation.

The defence challenged the admissibility of the statement on the grounds that it was involuntary and obtained in breach of s. 10(b) of the Canadian Charter of Rights and Freedoms.

Applying the confessions rule from R. v. Oickle, the court assessed whether threats, inducements, oppression, lack of an operating mind, or police trickery undermined voluntariness.

The court found the police interview tactics—including accusatorial questioning, references to investigative techniques, and moral appeals—did not overbear the accused’s will and did not amount to improper inducements or oppressive conduct.

The court further held that the accused was not psychologically detained prior to arrest under the framework in R. v. Grant and R. v. Suberu, and therefore her right to counsel under s. 10(b) was not breached.

The November 22 statement was ruled voluntary and admissible.