R. v. B.M., (2014) 445 Sask.R. 200 (PC)

• Judge: Bazin, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: May 16, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 445 Sask.R. 200 (PC);2014 SKPC 100

R. v. B.M. (2014), 445 Sask.R. 200 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MY.068

Her Majesty the Queen v. B.M.

(Information No. Y368808; 2014 SKPC 100)

Indexed As: R. v. B.M.

Saskatchewan Provincial Court

Bazin, P.C.J.

May 16, 2014.

Summary:

A voir dire was held to determine the voluntariness of a videotaped statement provided to an officer by the accused. At issue was the effect of the officer telling the accused that the officer was "not going to tell anyone" what the accused said to him. The accused was not aware that he was being videotaped.

The Saskatchewan Provincial Court held that the statement was inadmissible.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Civil Rights - Topic 3160

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to remain silent (Charter, s. 7) - [See Criminal Law - Topic 5355 ].

Civil Rights - Topic 4302

Protection against self-incrimination - General - Right to remain silent - [See Criminal Law - Topic 5355 ].

Criminal Law - Topic 53

General principles - Protection against self-incrimination - Right to remain silent - [See Criminal Law - Topic 5355 ].

Criminal Law - Topic 136

General principles - Rights of accused - Right to silence - [See Criminal Law - Topic 5355 ].

Criminal Law - Topic 5335

Evidence and witnesses - Confessions and voluntary statements - What constitutes a "threat" or "inducement" - [See Criminal Law - Topic 5355 ].

Criminal Law - Topic 5337

Evidence and witnesses - Confessions and voluntary statements - Admissibility - General - [See Criminal Law - Topic 5355 ].

Criminal Law - Topic 5355

Evidence and witnesses - Confessions and voluntary statements - Whether statement was made freely and voluntarily - A voir dire was held to determine the voluntariness of a videotaped statement provided to an officer by the accused - At issue was the effect of the officer telling the accused that the officer was "not going to tell anyone" what the accused said to him - The accused was not aware that he was being videotaped - The Saskatchewan Provincial Court held that the statement was inadmissible - The officer always intended to use any statement in evidence - His misrepresentation was an inducement for the accused to waive his right to silence - The accused was a young man who had never faced police interrogation before - The officer knew that the accused was confused about his right to silence - The officer had a duty to inform him or remind him that anything the accused said could be used as evidence - The officer lied or, at best, intentionally misled the accused regarding his fundamental common law right to silence - Therefore, the court had a reasonable doubt as to the statement's voluntariness.

Police - Topic 3106

Powers - Investigation - Stratagem and subterfuge (incl. trickery) - [See Criminal Law - Topic 5355 ].

Police - Topic 3126

Powers - Interrogation - Duties of police officers - [See Criminal Law - Topic 5355 ].

Cases Noticed:

R. v. Oickle (R.F.), [2000] 2 S.C.R. 3; 259 N.R. 227; 187 N.S.R.(2d) 201; 585 A.P.R. 201; 2000 SCC 38, refd to. [para. 5].

R. v. Singh (J.), [2007] 3 S.C.R. 405; 369 N.R. 1; 249 B.C.A.C. 1; 414 W.A.C. 1; 2007 SCC 48, refd to. [para. 22].

R. v. Cook (D.R.), [1998] 2 S.C.R. 597; 230 N.R. 83; 112 B.C.A.C. 1; 182 W.A.C. 1, refd to. [para. 28].

R. v. Ford (H.) (1994), 77 O.A.C. 246; 1994 CanLII 430 (C.A.), refd to. [para. 36].

R. v. Narwal (J.S.) (2009), 276 B.C.A.C. 188; 468 W.A.C. 188; 2009 BCCA 410, refd to. [para. 38].

R. v. Tran (H.H.), [1998] B.C.T.C. Uned. H56; 1998 CanLII 3771 (S.C.), refd to. [para. 41].

R. v. Oliver (J.J.) et al., [2001] O.T.C. 607; 2001 CanLII 28334 (Sup. Ct.), refd to. [para. 42].

Authors and Works Noticed:

Paciocco, David M., and Stuesser, Lee, The Law of Evidence (6th Ed.), p. 322 [para. 20].

Counsel:

M. Landry, for the Crown;

C. Davis, for the accused.

This voir dire was heard at Carlyle, Saskatchewan, by Bazin, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on May 16, 2014.