R. v. Grandinetti, [2005] 1 S.C.R. 27, 2005 SCC 5, 2005 SCC 5 (2005)

Supreme Court of Canada

Docket Number: 30096

Linked as:

Extract

R. v. Grandinetti, [2005] 1 S.C.R. 27, 2005 SCC 5, 2005 SCC 5 (2005)

SUPREME COURT OF CANADA

Citation: R. v. Grandinetti, [2005] 1 S.C.R. 27, 2005 SCC 5

Date: 20050127

Docket: 30096

Between:

Cory Howard Grandinetti

Appellant v.

Her Majesty the Queen

Respondent

Coram: McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

Reasons for Judgment:

(paras. 1 to 62)

Abella J. (McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish and Charron JJ. concurring)

______________________________

R. v. Grandinetti, [2005] 1 S.C.R. 27, 2005 SCC 5

Cory Howard Grandinetti Appellant v.

Her Majesty The Queen Respondent

Indexed as: R. v. Grandinetti

Neutral citation: 2005 SCC 5.

File No.: 30096.

2004: October 15; 2005: January 27.

Present: McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

on appeal from the court of appeal for alberta

Criminal law - Evidence - Confessions - Admissibility - Person in authority - Accused admitting crime to undercover police officers - Whether undercover police officers "persons in authority" - Whether inculpatory statements properly admitted at trial without voir dire to determine their voluntariness.

Criminal law - Evidence - Possible involvement of third party in commission of offence - Accused charged with first degree murder - Trial judge excluding evidence suggesting that victim might have been killed by third party - Whether evidence should have been admitted - Whether sufficient connection between third party and crime.

Significant circumstantial evidence linked the accused to the murder of his aunt. To obtain additional evidence against him, the police began an undercover operation. Several officers, posing as members of a criminal organization, worked at winning the accused's confidence. To encourage him to talk about the murder, they suggested that they could use their corrupt police contacts to steer the murder investigation away from him. The accused eventually confessed his involvement in the murder. At no time was he aware of the true identitie...

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