R. v. Walsh

R. v. Walsh

The accused's s.10(b) right was breached because he lacked sufficient information and capacity to waive counsel; the inculpatory statements were conscriptive and would not have been obtained but for the breach; their admission would render the trial unfair, so the statements are excluded under s.24(2) of the Charter.

Citation
2002 NSSC 203
Parties
Crown: Her Majesty the Queen; Defendant: Timothy Wayne Walsh
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 June 2002
Procedural Posture
Criminal Arson Charges (criminal Code Ss.443(a), 443(b)) / Voir Dire to Determine Admissibility of Statement (pre Trial)
Outcome
Accused's statement excluded as evidence
Legal Topics
Charter S.10(b) Right to Counsel, Waiver of Counsel, Exclusion of Evidence Under S.24(2), Self Incrimination, Conscriptive Evidence, Duty Counsel
Source Language
English
Criminal Law Constitutional Law Evidence Law Charter S.10(b) Right to Counsel Waiver of Counsel Exclusion of Evidence Under S.24(2) Self Incrimination Conscriptive Evidence +1 more

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Parties

Her Majesty the Queen

Crown

Timothy Wayne Walsh

Defendant

Procedural Posture

Criminal Arson Charges (criminal Code Ss.443(a), 443(b)) / Voir Dire to Determine Admissibility of Statement (pre Trial)

Legal Issues

  1. 1 Whether the accused's s.10(b) right to counsel was infringed
  2. 2 Whether the accused validly waived his right to counsel
  3. 3 Whether the statements were conscriptive and obtained as a result of the Charter breach

Ratio Decidendi

The accused's s.10(b) right was breached because he lacked sufficient information and capacity to waive counsel; the inculpatory statements were conscriptive and would not have been obtained but for the breach; their admission would render the trial unfair, so the statements are excluded under s.24(2) of the Charter.

Court Disposition

Accused's statement excluded as evidence

Orders

  • The statement made by Timothy Wayne Walsh is excluded from evidence pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms due to a violation of s.10(b).