Ontario Criminal


Evidence

Voluntariness
Confessions rule requires that oppressive conditions be caused or created by state

Accused presented himself at police station and claimed to have burned down his mother’s house. Police gave accused required warnings and advised of right to counsel. On voir dire trial judge held confession to be inadmissible as involuntary as accused, who was homeless, made it in order to be sent to jail. Trial judge held that fact that accused was homeless meant that he was suffering under oppressive conditions. Accused was acquitted. Crown appealed. Appeal allowed and new trial ordered. No nexus between threat or promise and confession as accused came to police detachment with express purpose of confessing to arson. Act of supplying accurate factual information to accused does not constitute inducement. Trial judge found that conduct of police was “unimpeachable” and “blameless” so not possible that oppression was a factor. Under confessions rule oppressive conditions must be caused or created by state.

R. v. Fernandes (2016), 2016 CarswellOnt 16289, 2016 ONCA 772, Doherty J.A., S.E. Pepall J.A., and C.W. Hourigan J.A. (Ont. C.A.).

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