The accused, charged with second-degree murder in a cold case, brought a pretrial application to exclude statements made to undercover officers during a 'cell insert' operation.
The accused argued the operation breached his right to silence under section 7 of the Charter.
The court found that the undercover officers actively elicited information from the accused, exploiting his vulnerabilities, including mental illness and drug addiction, and the circumstances of his confinement.
The court concluded that the accused's right to silence was breached and excluded the statements under section 24(2) of the Charter, finding their admission would bring the administration of justice into disrepute.
