The defendant was charged with two offences under Christopher's Law (Sex Offender Registry) 2000: failing to report a change of registered address within 15 days and providing false information to police.
The defendant brought a voire dire motion to exclude statements made during a police interview, alleging violations of Charter rights to counsel and to silence.
The court found that police effectively detained the defendant psychologically during the interview without providing Charter cautions at the appropriate time, thereby breaching sections 10(a) and 10(b) of the Canadian Charter of Rights and Freedoms.
The court excluded all statements made by the defendant during the October 20, 2009 police interview.