The accused was charged with manslaughter following the death of her common-law spouse, who was cut during an altercation at a house party.
The Crown sought to admit a portion of the accused's statement to police made during a 15.5-hour interrogation.
The court found that the police lacked reasonable and probable grounds to arrest the accused, rendering her detention unlawful and a breach of section 9 of the Charter.
Furthermore, the police violated the accused's right to silence by using a Commissioner of Oaths to compel a KGB statement under threat of criminal sanction.
The court excluded the statement under both the common law confessions rule and section 24(2) of the Charter.
