In a judge-alone criminal trial arising from a fatal motor vehicle collision and alleged street racing, the court ruled on a blended voir dire respecting the admissibility of the accused's police statement.
The court found the accused was not detained when he voluntarily attended the police station, and held the statement was voluntary under the confessions rule.
The court further held there was no breach of the rights to counsel or silence, and that even if a right to counsel breach had occurred, exclusion under s. 24(2) would not have been warranted.
The statement was also not excludable under the common law fairness jurisdiction.
