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There was insufficient evidence to infer the accused subjectively believed the social worker could control or influence investigation or prosecution; accordingly the social worker was not a person in authority and the accused's statements to her were admissible without the Crown proving voluntariness beyond a reasonable doubt.
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On the facts the Crown proved beyond a reasonable doubt that the May 5, 2022 polygraph statement was voluntary; a reasonable person in the Accused's position would have felt free to leave so no detention (physical or psychological) occurred, s.10 rights were not engaged, and the statement is therefore admissible at trial.
Source excerpt
The court held that Ramadhan Ibrahim Hussein’s police statement was voluntary and admissible after a contextual voir dire analysis of the interview.
The Crown failed to prove beyond a reasonable doubt that the July 20, 2021 and November 5, 2021 statements were voluntary because the officer did not provide a proper police caution or sufficiently communicate the accused's jeopardy, created an informational deficit and engaged in conduct that undermined voluntariness; the April 28, 2023 statement was derivative of the prior involuntary statements; those failures breached the accused's s.7 right to silence and all three statements are inadmissible.
Source excerpt
The court held that Mr. Smith’s recorded police statement was voluntary and admissible after a voir dire on the confessions rule.
Voir dire reasons in R. v. McIntyre on the admissibility of police and hospital statements in a second-degree murder prosecution.
La Cour d’appel de la Colombie-Britannique a accueilli l’appel du ministère public, annulé l’acquittement de Colin Raymond Correia et ordonné un nouveau procès.
The court dismissed Mr. Fan’s bid for a voir dire to exclude statements made to opposing counsel, finding no person in authority, no detention, and no Charter breach.
Voir dire on voluntariness: the court held the accused’s statement to police was inadmissible because oppressive conditions overbore his will.
The court found Charlene Alexander’s post-arrest statement voluntary and admissible after a voir dire on the confessions rule, police caution, and alleged oppression.
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