R. v. Young

R. v. Young

Although the statements were not involuntary under the traditional confession rule and the defendant was not 'detained' for s.10(b) purposes, the statements were compelled by the statutory welfare reporting regime in an adversarial context and their admission would violate the s.7 principle against self‑incrimination; accordingly the statements are excluded under s.24(1) of the Charter.

Citation
2001 NSPC 22
Parties
Prosecution: Her Majesty the Queen; Defendant: Brenda Young
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 September 2001
Procedural Posture
Criminal (welfare Fraud) / Voir Dire on Admissibility of Statements (pre Trial)
Outcome
Oral and written statements given February 10, 1999 excluded from evidence under s.24(1) of the Charter as violating s.7
Legal Topics
Self Incrimination, Charter S.7, Charter S.10(b) Detention and Right to Counsel, Confession/voluntariness Rule, Statutory Compulsion, Admissibility of Evidence, Family Benefits Act/regulations, S.24(1) Exclusion Remedy
Source Language
English
Criminal Law Constitutional Law Evidence Administrative Law Social Assistance Law Self Incrimination Charter S.7 Charter S.10(b) Detention and Right to Counsel +5 more

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Brenda Young

Defendant

Procedural Posture

Criminal (welfare Fraud) / Voir Dire on Admissibility of Statements (pre Trial)

Legal Issues

  1. 1 Whether the oral and written statements were voluntary or involuntary (confession rule)
  2. 2 Whether the defendant was 'detained' for the purposes of s.10(b) of the Charter and thus entitled to counsel
  3. 3 Whether the statements were compelled by statute in violation of the s.7 principle against self-incrimination

Ratio Decidendi

Although the statements were not involuntary under the traditional confession rule and the defendant was not 'detained' for s.10(b) purposes, the statements were compelled by the statutory welfare reporting regime in an adversarial context and their admission would violate the s.7 principle against self‑incrimination; accordingly the statements are excluded under s.24(1) of the Charter.

Court Disposition

Oral and written statements given February 10, 1999 excluded from evidence under s.24(1) of the Charter as violating s.7

Orders

  • Exclude the oral and written statements obtained from Brenda Young on February 10, 1999 from evidence at trial pursuant to s.24(1) of the Canadian Charter of Rights and Freedoms.