The accused was charged with first-degree murder in a cold case dating back to 1974.
The police conducted a 'Mr. Big' undercover investigation, during which the accused confessed to the murder.
The accused brought an application to exclude the confession, arguing that the police conduct amounted to an abuse of process and breached his right to silence under section 7 of the Charter.
The court found that the police tactics, which included forcing the accused to participate in a simulated body disposal, were excessively coercive and functionally detained the accused.
The court concluded that the investigation breached section 7 and constituted an abuse of process, ordering the exclusion of the confession under section 24(2) of the Charter.
