During a trial for drug importation, the accused brought an application to exclude his video statement to police, alleging a breach of his s. 10(b) Charter rights.
The accused, whose first language is Punjabi, struggled with English during his police interview, but officers did not offer him the opportunity to speak with duty counsel in Punjabi or with an interpreter.
The court found that special circumstances arose during the interview when the accused's language difficulties became apparent, triggering a duty on police to ensure he understood his rights.
The court concluded the accused's s. 10(b) rights were breached and excluded the statement under s. 24(2) of the Charter.
