R. v. A.Y.

R. v. A.Y.

The statement was excluded because the Crown did not prove beyond a reasonable doubt that it was voluntary and that the accused gave a valid waiver under section 146: the officer’s approach discouraged exercise of rights, may have induced the accused by suggesting delay/detention if rights were exercised, failed to tailor explanations to the youth’s comprehension, and did not facilitate attendance of counsel or an adult, rendering any waiver invalid.

Citation
2016 NSPC 36
Parties
Crown: Her Majesty the Queen; Accused (young Person): Y.(A.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 June 2016
Procedural Posture
Youth Criminal Matter (ycja/criminal Code) / Voir Dire on Admissibility of Statement
Outcome
The audio-video police statement (Exhibit VD-1) is inadmissible and excluded.
Legal Topics
Section 146 YCJA, Waiver of Rights, Voluntariness of Statement, Right to Counsel and Adult Presence, Admissibility of Evidence
Source Language
English
Youth Criminal Justice Act Criminal Law Evidence Police Procedure Section 146 YCJA Waiver of Rights Voluntariness of Statement Right to Counsel and Adult Presence +1 more

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Parties

Her Majesty the Queen

Crown

Y.(A.)

Accused (young Person)

Procedural Posture

Youth Criminal Matter (ycja/criminal Code) / Voir Dire on Admissibility of Statement

Legal Issues

  1. 1 Whether the police statement was voluntary under section 146(2)(a) YCJA
  2. 2 Whether the accused provided a valid waiver of the right to counsel and to have an adult present under section 146(2)(b) YCJA
  3. 3 Whether the police officer’s manner induced the accused to speak (improper inducement)

Ratio Decidendi

The statement was excluded because the Crown did not prove beyond a reasonable doubt that it was voluntary and that the accused gave a valid waiver under section 146: the officer’s approach discouraged exercise of rights, may have induced the accused by suggesting delay/detention if rights were exercised, failed to tailor explanations to the youth’s comprehension, and did not facilitate attendance of counsel or an adult, rendering any waiver invalid.

Court Disposition

The audio-video police statement (Exhibit VD-1) is inadmissible and excluded.

Orders

  • A.Y.'s police statement (Exhibit VD-1) is excluded and shall not be admitted into evidence.
  • Publication restriction under section 110 of the Youth Criminal Justice Act remains in effect.