S. Pffeiffer

This is a voluntariness ruling in a preliminary inquiry concerning charges of trafficking in a Schedule I substance (fentanyl) and manslaughter.

The Crown sought to admit a video-recorded police statement made by the accused.

The court applied the contextual voluntariness test, considering factors such as threats, promises, inducements, atmosphere of oppression, operating mind, and police trickery.

Despite the accused repeatedly asserting his right to silence and expressing internal conflict, the court found that he had an operating mind and freely chose to speak.

The court concluded that the statement was made voluntarily and was therefore admissible for the purposes of the preliminary inquiry.

This preliminary inquiry determined if there was sufficient evidence to commit the accused, Jacob Norn, to trial for trafficking in fentanyl and manslaughter.

The defence conceded the trafficking charge but argued against committal for manslaughter, asserting insufficient evidence regarding causation, particularly concerning the victim's consumption of other substances (Etizolam).

The court reviewed evidence including text messages, e-transfer records, security video, witness testimony, and forensic toxicology reports, which indicated the victim died from combined fentanyl and etizolam toxicity.

Applying the legal test for preliminary inquiries (the Shephard test) and the essential elements of unlawful act manslaughter, the court found reasonable inferences available to a properly instructed jury that the fentanyl supplied by the accused was a significant contributing cause of death.

Consequently, the accused was committed to stand trial on both charges.