Impaired trial. Upon asking the accused whether she wanted to contact counsel, the accused’s response was: “Whatever, I can’t afford a lawyer.” No further efforts made by police to explain the 10(b) right. Crown conceded breach. Issue regarding application to exclude statements made, and indica of impairment exhibited, by the accused.
Held: One statement excluded. Indicia not excluded.
Only a statement made after the above 10(b) breach was excluded. The indicia of impairment, and other statements made by the accused, was evidence gathered by police prior to the right to counsel breach. Edwards, 2016 ONCA 389 distinguished. The “obtained in a manner test” not met. Although there was a temporal link between the evidence gathered, and the subsequent breach, this link alone was not sufficient to warrant exclusion under 24(2).
L. MacKay – Defence Counsel