This decision addresses a blended voir dire in a sexual assault case, concerning the admissibility of the accused's statements to police and applications for a stay of proceedings due to pre-charge and post-charge delay.
The court found the accused was psychologically detained during his first statement, which was procured through deception and selective disclosure, leading to its exclusion under s. 24(2) of the Charter.
Applications for a stay of proceedings based on s. 7 and s. 11(b) Charter rights were dismissed, as the delay was deemed reasonable and no actual prejudice to a fair trial was established.
