Accused failed to establish breach of right to silence

Ontario criminal | Charter of Rights

RIGHT TO COUNSEL

Accused failed to establish breach of right to silence

Crown brought application for ruling that videotaped statement given by accused to detective was voluntary. Accused applied for ruling that his rights under ss. 7 and 10(b) under Canadian Charter of Rights and Freedoms violated. Crown application granted. Accused was advised of his right to silence before made admissions. Accused failed to establish breach of right to silence. Accused was given opportunity to speak with lawyer at each relevant point. Accused failed to establish breach of right to counsel. Even if there had been breach statements would have not been excluded. State’s conduct was not serious, statement was voluntary and reliable, and those factors weighed in favour of admission.

R. v. Cubacub (Aug. 1, 2012, Ont. S.C.J., Ricchetti J., File No. CRIMJ(P) 937/17) 102 W.C.B. (2d) 141 (22 pp.).

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