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The court held that Ramadhan Ibrahim Hussein’s police statement was voluntary and admissible after a contextual voir dire analysis of the interview.
The court held that Mr. Smith’s recorded police statement was voluntary and admissible after a voir dire on the confessions rule.
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 found Charlene Alexander’s post-arrest statement voluntary and admissible after a voir dire on the confessions rule, police caution, and alleged oppression.
The court found the accused’s recorded interactions with police were not voluntary and could not be used in cross-examination, so the s. 10 Charter issue was not decided.
Applying the Oickle factors and contextual analysis the court found the Crown proved beyond a reasonable doubt that the cautioned video/audio interview was voluntary: the cigarettes/food were not an inducement strong enough to overbear the will, the restraint and force were necessary and no evidence was elicited during restraint, the accused was medically cleared and had an operating mind, there was no police trickery that would shock the community, and there was no s.10(b) breach affecting voluntariness.
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The trial judge did not err: the appellant's holding-cell statement was voluntary because she had an operating mind and knew she was speaking to an authority and the consequences; the jury charge adequately framed accident as an unintended consequence that could negate the mens rea for murder and reduce conviction to manslaughter; and the 13-year parole ineligibility was within the trial judge's discretion given the appellant's significant criminal record and the case-specific factors.
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British Columbia Court of Appeal dismissed Ernest Hosack’s appeal from a second-degree murder conviction, upholding the admissibility of his police statement and rejecting NCRMD and delay arguments.
The court held that Larry Amero’s bedside statement to police was voluntary and admissible, finding he had an operating mind despite fentanyl and propofol.
Although the accused was subjected to unacceptable treatment that created an atmosphere of oppression (prolonged handcuffing, lack of food/water, interrupted sleep, delayed medication and unsuitable placement in an interview cubicle), the Crown proved beyond a reasonable doubt that the accused retained an operating mind, was not explicitly offered inducements, and from the time of arrest wanted to tell his version; therefore his will was not overborne and the statement was voluntary and admissible.
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