R. v. Gallant, (1980) 5 Man.R.(2d) 225 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 03, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 5 Man.R.(2d) 225 (CoCt)

R. v. Gallant (1980), 5 Man.R.(2d) 225 (CoCt)

MLB headnote and full text

R. v. Gallant

Indexed As: R. v. Gallant

Manitoba County Court

Philp, C.C.J.

July 3, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5340

Evidence and witnesses - Confessions and voluntary statements - Admissibility - Effect of mental capacity of accused - The accused was charged with wilfully setting a fire contrary to s. 390(a) of the Criminal Code - The Crown attempted to introduce a written statement given by the accused to the police - The accused objected to the admissibility of the statement, alleging it was not freely and voluntarily made - The accused, a 24 year old woman, was never in a police station before the date she gave the statement - The accused was taken into custody at 2:20 a.m. and gave her statement at 12:15 p.m. after being interviewed five times by three different pairs of police officers - During the accused's ten hours of confinement she was given coke, coffee and cigarettes - Four of the five police officers, who interviewed the accused and testified at trial, admitted knowing the accused had emotional or mental problems - During the voir dire the accused testified that the police threatened her and made allegations about her character - A psychiatrist testified that the accused was borderline between neurotic and psychotic illnesses and that the interview situation was likely to make her anxious enough that she could believe allegations were made whether or not they were - The Manitoba County Court held that the statement was inadmissible, because it was not the statement of a person "free in volition from the compulsion or inducements of authority" - The County Court held that the accused was dominated mentally, emotionally and intellectually by the police officers.

Cases Noticed:

Ibrahim v. The King, [1914] A.C. 599, consd. [para. 17].

R. v. Ward (1979), 25 N.R. 514; 14 A.R. 412; 44 C.C.C.(2d) 498, refd to. [para. 18].

Boudreau v. The King, [1949] S.C.R. 262, consd. [para. 18].

Horvath v. The Queen (1979), 25 N.R. 532; 7 C.R.(3d) 97, consd. [para. 20].

R. v. Fitton, [1956] S.C.R. 958, consd. [para. 22].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 390(a) [para. 1].

Counsel:

D. Rampersad, for the Crown;

R. Tapper, for the accused.

This case was heard on July 3, 1980, at Winnipeg, Manitoba, by PHILP, C.C.J., of the Manitoba County Court.

On July 3, 1980, PHILP, C.C.J., delivered the following oral judgment: