Youth court trial. Accused originally detained for being intoxicated in a public place. Accused was not released upon sobering up. Rather, he was held for several additional hours, and was ultimately questioned.
Held: Statement excluded.
Police had a duty to continue to assess the accused’s sobriety, and to release him once he was no longer intoxicated within the meaning of the Gaming and Liquor Act. Further, once sober, the police never told the accused the reason for his detention, nor did they provide him an opportunity to contact counsel. Serious Charter breaches that had a significant impact upon the Charter protected interests of the accused.