Two appellants were unlawfully detained by police under non-existent statutory authority after reporting their roommate's death, then later arrested for murder by a homicide detective who directed their continued questioning.
At issue were: the voluntariness of one appellant's confession, whether the police had reasonable and probable grounds for the murder arrests, and whether the confessions should be excluded under s. 24(2) of the Charter.
The majority dismissed the appeals, holding that one confession was voluntary, the arrests were lawful, and that although one confession was obtained in a manner connected to Charter breaches, admission would not bring the administration of justice into disrepute.
The dissent would have allowed the appeals, finding the arrests were not supported by reasonable grounds and rejecting the 'fresh start' doctrine as a basis to sever the connection between Charter breaches and the evidence obtained.
