Tenuous cause connection between breach and confession undermined significance of relationship

Supreme court | Charter of Rights

ENFORCEMENT OF RIGHTS

Tenuous cause connection between breach and confession undermined significance of relationship

Evidence obtained in manner violating Charter. Accused charged with first degree murder. Accused confessed to undercover police officers that he killed deceased and burned his body. During undercover operation police obtained wiretap authorization and intercepted accused’s phone calls. At trial Crown conceded that interceptions violated accused’s s. 8 right. Accused sought to exclude confessions on basis that undercover operation was closely linked to s. 8 breach. Trial judge found that confessions were not obtained in manner violating Charter. Court of Appeal dismissed accused’s appeal from conviction. Appeal dismissed. Tenuous causal connection between breach and confessions undermined significance of their temporal relationship.
R. v. Mack (Sep. 26, 2014, S.C.C., McLachlin C.J.C., LeBel J., Abella J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 35093) Decision at 99 W.C.B. (2d) 863 was affirmed.  116 W.C.B. (2d) 461.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident