The accused, charged with manslaughter and criminal negligence causing the death of his 21-month-old daughter, brought a pre-trial motion to exclude two statements he made to police.
He alleged breaches of his rights under ss. 9, 10(a), and 10(b) of the Charter, and argued the statements were not voluntary.
The court dismissed the Charter application, finding the accused understood his jeopardy, was not arbitrarily detained, and was provided reasonable opportunities to consult with counsel.
The court also found the statements were voluntary, as the accused possessed an operating mind and the conditions were not oppressive.
The statements were ruled admissible.