The accused was charged with firearms offences after being shot and admitting to police that a gun found at the scene belonged to him.
The court found that the accused's initial roadside utterances were involuntary and obtained in breach of his s. 10(b) Charter rights.
Subsequent statements made in the ambulance and at the hospital were also found to be tainted by the initial breaches, and further s. 10(b) violations occurred at the hospital due to unreasonable delay in facilitating access to counsel, lack of privacy during the consultation, and police questioning before the right was exercised.
Applying the Grant framework, the court excluded the statements under s. 24(2) of the Charter, resulting in an acquittal.
