The accused, charged with armed robbery, brought a Charter application seeking to exclude a statement made to police, alleging breaches of his s. 10(a) and 10(b) rights.
The court found no s. 10(a) breach, as the accused knew the date and place of the robbery.
A s. 10(b) breach occurred when police questioned the accused at the roadside and seized his clothing before he could consult duty counsel.
However, the delay in facilitating access to counsel during the booking process was reasonable.
Under s. 24(2), the roadside statements and clothing were excluded, but the main interview statement was admitted as it was voluntary and followed a 'fresh start' caution.
