The Crown appealed an Alberta Court of Appeal order setting aside a first degree murder conviction and ordering a new trial.
The accused had been questioned at a police station in connection with a homicide investigation without being cautioned of his right to remain silent or informed of his right to counsel.
The trial judge admitted the statements as voluntary.
The majority held that the absence of a caution constitutes prima facie evidence of involuntariness where the accused is a suspect, but that the Crown may discharge its burden by proving beyond a reasonable doubt that the absence of caution was without consequence and that the statements were voluntary in all the circumstances.
The majority further held the accused was not psychologically detained and his Charter rights were not triggered.
Appeal allowed and conviction restored, with Brown and Martin JJ. dissenting on the basis that a warning should be required at the outset of all police-initiated investigative interviews.
