The appellant, a young person with a learning disability, was charged with dangerous driving causing bodily harm.
The trial judge excluded his videotaped statement to police, finding the Crown had not proven beyond a reasonable doubt that he understood his rights under s. 146 of the Youth Criminal Justice Act.
The Court of Appeal ordered a new trial, holding the standard of proof for waiver was a balance of probabilities.
The Supreme Court of Canada allowed the appeal and restored the acquittal.
The majority held that while the test for compliance with the informational requirement is objective, the Crown must prove compliance with all components of s. 146, including waiver, beyond a reasonable doubt.
