Accused was seen leaving premises in vehicle prior to tactical unit entering premises to execute search warrant and was followed. Vehicle was stopped and police went ahead with high risk takedown. Accused was arrested for firearms related offences and detained in rear of police cruiser. Accused made two utterances while in police car. Handgun was found in premises. Accused was charged with various offences related to unlawful possession of handgun and with possession of marijuana. Accused challenged voluntariness of statements and sought declaration that his Canadian Charter of Rights and Freedoms ss. 9, 10(a) and (b) rights were violated at time of his arrest. Accused applied for exclusion of evidence. Application dismissed. Accused understood charges he was facing sufficiently to propose deal whereby he would protect his girlfriend and avoid potential for other criminal activity to be discovered during search. Accused indicated his intention to speak with lawyer. Information provided by officers was sufficient to meet requirements of s. 10(a) of Charter. There was no breach of accused’s s. 10(a) Charter rights.
R. v. Lacroix (May 6, 2016, Ont. S.C.J., Marc Labrosse J., 11A-8440) 131 W.C.B. (2d) 32.