The appellant appealed his conviction for drug offences, arguing the trial judge erred in failing to exclude a statement he made after police violated his s. 10(b) Charter rights.
The arresting officer had twice asked if the appellant wanted to make a statement after he requested counsel.
However, the appellant later spontaneously asked if his wife would be arrested, and upon receiving a truthful answer, confessed to owning drugs in a safe.
The Court of Appeal found that while there was a Charter breach, the statement was spontaneous and not causally connected to the breach.
Applying the Grant framework, the court concluded that admitting the evidence would not bring the administration of justice into disrepute.
The appeal was dismissed.
