Oleh Kuzma

The accused voluntarily went to a police station and asked that officers be sent to a ranch where he lived, but refused to answer questions about why they were needed.

Police discovered three murder victims at the ranch.

At trial, the judge instructed the jury that the accused's silence was post-offence conduct from which an inference of guilt could be drawn.

The accused was convicted, but the Court of Appeal ordered a new trial.

The Supreme Court of Canada dismissed the Crown's appeal, holding that the right to silence exists even before detention or arrest, and that silence cannot be used as post-offence conduct to infer guilt.

The appellant, charged with murder in Canada, fled to the United States where he was arrested by American police on an extradition warrant.

The American police obtained a statement from the appellant without advising him of his right to counsel forthwith, as required by the Charter, though they complied with American law.

The Supreme Court of Canada held that the Charter does not apply to foreign police gathering evidence in their own jurisdiction.

Consequently, there was no Charter breach, and the evidence could not be excluded under s. 24(2).

The appeal was dismissed.