The accused, Mr. Wu, brought a Charter application to exclude evidence in his second trial for drug trafficking and possession of crime proceeds, alleging violations of his right to counsel under s. 10(b).
The Crown conceded a s. 10(b) breach but argued for the admission of evidence.
The court found multiple and serious s. 10(b) violations, including an 11-hour delay in providing access to counsel, unrecorded interviews conducted during the suspension of rights, and misleading testimony by the investigating officer at the first trial.
Applying the R. v. Grant s. 24(2) analysis, the court concluded that the seriousness of the state conduct and the impact on the accused's Charter interests significantly outweighed society's interest in an adjudication on the merits.
Consequently, all evidence seized during the related investigation was excluded.
