R. v. Berry

R. v. Berry

The court held the challenged statements admissible: the nurse, the psychiatrist and the accused's sister were not persons in authority for the purposes of the confessions rule; ss.7 rights were engaged by MHA detention but not breached; the hospital breached s.10 by failing to inform the accused of right to counsel but under a Grant s.24(2) balancing the breach did not require exclusion of the statements, so the statements to the nurse, psychiatrist and sister are admissible.

Citation
2019 BCSC 326
Parties
Crown: Regina; Accused: Andrew Robert Douglas Berry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 March 2019
Procedural Posture
Criminal Murder / Voir Dire Admissibility of Statements
Outcome
All challenged statements admitted into evidence
Legal Topics
Charter S.10 Right to Counsel, Charter S.7 Life, Liberty and Security, Confessions Rule and Voluntariness, Section 24(2) Exclusionary Analysis, Mental Health Act Detention Obligations
Source Language
English
Criminal Law Constitutional Law Mental Health Law Evidence Charter S.10 Right to Counsel Charter S.7 Life, Liberty and Security Confessions Rule and Voluntariness Section 24(2) Exclusionary Analysis +1 more

Case Brief

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Parties

Regina

Crown

Andrew Robert Douglas Berry

Accused

Procedural Posture

Criminal Murder / Voir Dire Admissibility of Statements

Legal Issues

  1. 1 Whether statements made by the accused to hospital staff and to his sister are admissible
  2. 2 Whether the sister and hospital staff constituted a person in authority under the confessions rule
  3. 3 Whether detention under the Mental Health Act engaged or breached ss.7 and 10 of the Charter

Ratio Decidendi

The court held the challenged statements admissible: the nurse, the psychiatrist and the accused's sister were not persons in authority for the purposes of the confessions rule; ss.7 rights were engaged by MHA detention but not breached; the hospital breached s.10 by failing to inform the accused of right to counsel but under a Grant s.24(2) balancing the breach did not require exclusion of the statements, so the statements to the nurse, psychiatrist and sister are admissible.

Court Disposition

All challenged statements admitted into evidence

Orders

  • All statements made by Andrew Berry to hospital staff (including Dr. Pitcher) and to his sister A. Berry between December 25, 2017 and January 3, 2018 are admissible in evidence