R. v. MacDonald

Parties

Procedural Posture

Criminal / Voir Dire on Admissibility / Pre Trial Charter Application

Legal Issues

1. 1 Whether the videotaped statement of June 12, 2009 was voluntary and admissible
2. 2 Whether police fulfilled their informational duty under s.10(b) of the Charter and whether the accused made an informed choice to decline counsel
3. 3 Whether the statement should be excluded under s.24(2) of the Charter given the s.10(b) breach

Ratio Decidendi

The court found on the balance of probabilities that the accused did not make an informed choice to decline immediate legal advice because his muttered reply evidenced confusion and the police failed to clarify the immediacy of the right to counsel; this breached s.10(b) and, applying s.24(2) balancing, admission of the videotaped statement would bring the administration of justice into disrepute, therefore the statement was excluded.

Court Disposition

Charter s.10(b) rights violated; videotaped statement excluded; earlier inculpatory statements also not admitted by Crown

Orders

• Exclude videotaped statement of June 12, 2009 at 9:57 a.m. from evidence pursuant to s.10(b) and s.24(2) of the Charter
• Crown acknowledged that two earlier inculpatory statements made while the accused was heavily intoxicated are not to be admitted into evidence