The accused, charged with first-degree murder, sought to exclude a videotaped statement made to police, arguing it was involuntary and obtained in breach of his s. 10(b) Charter right to counsel.
The court found the statement was voluntary, as there were no threats, inducements, or oppressive circumstances.
However, the court held that the police breached the accused's s. 10(b) rights by failing to provide him with an immediate opportunity to consult counsel upon arrest, despite facilities being available.
Applying the Grant framework under s. 24(2), the court concluded that admitting the statement would bring the administration of justice into disrepute due to the seriousness of the breach and its impact on the accused's rights.
The statement was excluded.
