COURT OF APPEAL FOR ONTARIO

DATE: 20000208

DOCKET: C32617

RE: HER MAJESTY THE QUEEN (Respondent) v. J. L.

(Young Offender) Appellant

BEFORE: OSBORNE A.C.J.O., LASKIN AND BORINS JJ.A.

COUNSEL: Terry MacKay

For the appellant

Lisa Joyal

For the respondent

HEARD: February 4, 2000

Appeal from conviction and sentence by I. Cowan J. dated June 1,

1999 and July 6, 1999 respectively

E N D O R S E M E N T

[1] The trial judge found that the videotaped statement, the

admissibility of which is in issue on this appeal, was not

tainted by the appellant’s earlier statements to the police even

though, as the trial judge found, the videotaped statement was a

continuation of the earlier statements.

[2] In his consideration of the voir dire evidence, the trial

judge concluded that the appellant had an overwhelming desire to

acknowledge that he had committed the offence with which he was

charged, and thus provided the waiver and his videotaped

statement to the police.

[3] The appellant submits that since the videotaped statement

was a continuation of the earlier inadmissible statements to the

police, the videotaped statement must necessarily be

inadmissible. We do not agree.

[4] In our view, E.T. v. The Queen (1993), 1993 CanLII 51 (SCC), 86 C.C.C. (3d) 289

(S.C.C.) does not lay down hard and fast rules for the

admissibility of a statement made by a young offender assuming,

of course, that the statutory criteria have been met, as they

were in this case.

[5] In light of the trial judge’s findings on the issue of

tainting and his concurrent finding that the appellant wanted to

acknowledge his responsibility (findings which are supported by

the evidence), we do not think that the trial judge erred in

admitting the videotaped statement even though the appellant was

not specifically told that his earlier statements to the police

were not admissible.

[6] We did not call on the Crown in respect of the appellant’s

appeal from sentence. We are not persuaded that the sentence of

four months open custody and community service is demonstrably

unfit. Thus leave to appeal sentence is granted and the appeal

from sentence is dismissed, as is the appeal from conviction.

“C.A. Osborne A.C.J.O.”

“J.I. Laskin J.A.”

“S. Borins J.A.”