S. Youssefi

A ruling on the voluntariness of a statement made by an accused charged with sexual offences against a child.

The accused was interviewed by police for approximately three hours following his arrest.

The Crown sought to admit the entire statement at trial, while the defence argued that portions of the statement were involuntary due to police inducements and the use of coercive interrogation techniques.

The court found that the initial portion of the statement was voluntary but excluded statements made after the police officer presented the accused with a stark choice between admitting to a one-time mistake or being investigated as a serial predator, which constituted a quid pro quo inducement that overbore the accused's will.

A youth was charged with invitation to sexual touching contrary to s. 152 of the Criminal Code and committing an indecent act by exposing his genital organs to a person under the age of 16 years contrary to s. 173(2) of the Criminal Code.

The allegations arose from incidents that occurred when the complainant was between two and five years old while attending an unlicensed daycare operated by the accused's mother.

The complainant did not disclose the incidents until Grade 5, when prompted by a classroom discussion about inappropriate sexual touching.

The trial judge found the complainant's testimony credible and reliable, and rejected the accused's denials as marked by inconsistencies and implausibilities.

The accused was convicted on both counts.