R. v. Brody

R. v. Brody

The court found that Ms. Brody was psychologically detained, that s.10(b) was engaged and she was not informed of her right to counsel, and that the appropriate remedy for the Charter breach was exclusion of her utterances; the Crown's application to have the voir dire evidence made part of the trial proper was allowed.

Citation
2013 NSPC 58
Parties
Crown: Her Majesty the Queen; Accused: Evelyn Brody
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 July 2013
Procedural Posture
Criminal / Voir Dire / Pre Trial Hearing
Outcome
Court excluded the accused's utterances as remedy for a s.10(b) Charter breach and allowed the Crown's application to include the voir dire evidence in the trial proper.
Legal Topics
Right to Counsel, Psychological Detention, Exclusion of Evidence, Motor Vehicle Act S.133(1)
Source Language
English
Charter Law Criminal Procedure Road Traffic Law Right to Counsel Psychological Detention Exclusion of Evidence Motor Vehicle Act S.133(1)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Evelyn Brody

Accused

Procedural Posture

Criminal / Voir Dire / Pre Trial Hearing

Legal Issues

  1. 1 Whether the accused was psychologically detained
  2. 2 Whether s.10(b) Charter right to counsel was engaged
  3. 3 Whether failure to inform the accused of right to counsel constituted a Charter breach requiring exclusion of evidence

Ratio Decidendi

The court found that Ms. Brody was psychologically detained, that s.10(b) was engaged and she was not informed of her right to counsel, and that the appropriate remedy for the Charter breach was exclusion of her utterances; the Crown's application to have the voir dire evidence made part of the trial proper was allowed.

Court Disposition

Court excluded the accused's utterances as remedy for a s.10(b) Charter breach and allowed the Crown's application to include the voir dire evidence in the trial proper.

Orders

  • Exclude the utterances made by Ms. Brody.
  • Allow the Crown's application to make the voir dire evidence part of the trial proper.