Accused confessed to police to the murder of a woman while he was a prisoner at a jail charged with two other murders. Police met with the accused in jail. 10(b) rights not provided, as the accused was told by police that he was not detained, and that he could leave the interview room inside the jail at any time. Issue regarding whether accused was detained.
Held: No 10(b) breach.
Accused was not detained. Although the accused was in a jail, he was not detained by police investigators for the purpose of the interview in question. Accused was told that he was not under arrest, that he did not need to speak to police, and that he could return to his cell upon request.
P. Edgerton – Defence Counsel