R. v. Matheson

R. v. Matheson

Judge found the bedside interview occurred within a continuum of state conduct that produced psychological restraint amounting to detention, the police failed to re‑advise the accused of her s.10(b) rights, and admission of the recorded statement would bring the administration of justice into disrepute, so the statement was excluded.

Citation
2011 BCSC 91
Parties
Crown: Regina; Accused: Danyle Shereen Matheson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 January 2011
Procedural Posture
Criminal / Voir Dire Admissibility of Statement (ruling)
Outcome
Recorded statement excluded; s.10(b) Charter breach found
Legal Topics
Detention, Right to Counsel (s.10(b)), Exclusion of Evidence (s.24(2)), Voluntariness of Statements
Source Language
English
Criminal Law Constitutional Law Evidence Detention Right to Counsel (s.10(b)) Exclusion of Evidence (s.24(2)) Voluntariness of Statements

Case Brief

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Parties

Regina

Crown

Danyle Shereen Matheson

Accused

Procedural Posture

Criminal / Voir Dire Admissibility of Statement (ruling)

Legal Issues

  1. 1 Whether the accused was 'detained' for purposes of s.10(b) at the time of the recorded statement
  2. 2 Whether police failed to re‑advise the accused of her right to counsel
  3. 3 Whether the statement should be excluded under s.24(2) of the Charter

Ratio Decidendi

Judge found the bedside interview occurred within a continuum of state conduct that produced psychological restraint amounting to detention, the police failed to re‑advise the accused of her s.10(b) rights, and admission of the recorded statement would bring the administration of justice into disrepute, so the statement was excluded.

Court Disposition

Recorded statement excluded; s.10(b) Charter breach found

Orders

  • The recorded statement taken by Constable Zilkie and Corporal Wicentowich on April 27, 2009 is excluded from evidence