R. v. Chan

R. v. Chan

Court found a breach of s.10 occurred because police did not promptly inform the accused of the additional ground for detention and afford an immediate opportunity to consult counsel, but the breach was minor and inadvertent, corrective steps were taken before the interview, the accused waived counsel knowingly, the statements were voluntary and reliable, and on a Grant balancing admission would not bring the administration of justice into disrepute; therefore the videotaped statement was admissible.

Citation
2011 NSSC 350
Parties
Crown: Her Majesty the Queen; Accused: Joseph Endelle Chan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 September 2011
Procedural Posture
Criminal / Admissibility Hearing (s.24(2) Charter Application)
Outcome
Videotaped statement admitted into evidence; s.24(2) exclusion refused.
Legal Topics
Charter S.10(a), Charter S.10(b), Charter S.24(2) Exclusion, Right to Counsel, Voluntariness of Statements, Search Incidental to Arrest, Detention
Source Language
English
Criminal Law Constitutional Law Evidence Charter S.10(a) Charter S.10(b) Charter S.24(2) Exclusion Right to Counsel Voluntariness of Statements +2 more

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Parties

Her Majesty the Queen

Crown

Joseph Endelle Chan

Accused

Procedural Posture

Criminal / Admissibility Hearing (s.24(2) Charter Application)

Legal Issues

  1. 1 Whether police failed to inform detainee promptly of added grounds for detention (s.10(a))
  2. 2 Whether detainee was denied prompt opportunity to consult counsel about added jeopardy (s.10(b))
  3. 3 Whether statements given were voluntary

Ratio Decidendi

Court found a breach of s.10 occurred because police did not promptly inform the accused of the additional ground for detention and afford an immediate opportunity to consult counsel, but the breach was minor and inadvertent, corrective steps were taken before the interview, the accused waived counsel knowingly, the statements were voluntary and reliable, and on a Grant balancing admission would not bring the administration of justice into disrepute; therefore the videotaped statement was admissible.

Court Disposition

Videotaped statement admitted into evidence; s.24(2) exclusion refused.

Orders

  • Videotaped statement of the accused admitted in evidence
  • No exclusion of evidence under s.24(2) granted