R. v. Keats (J.D.), (2014) 354 N.S.R.(2d) 201 (PC)

JudgeMacDonald, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateDecember 22, 2014
JurisdictionNova Scotia
Citations(2014), 354 N.S.R.(2d) 201 (PC);2014 NSPC 108

R. v. Keats (J.D.) (2014), 354 N.S.R.(2d) 201 (PC);

    1120 A.P.R. 201

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JA.021

Her Majesty the Queen v. James Duncan Keats

(2602676 to 2602679; 2014 NSPC 108)

Indexed As: R. v. Keats (J.D.)

Nova Scotia Provincial Court

MacDonald, P.C.J.

December 23, 2014.

Summary:

The accused paramedic was arrested for sexually assaulting an elderly woman. It was decided to arrest him at 5:59 p.m. and hold him overnight before beginning to question him. The next day he was questioned from 9:30 a.m. until 4:08 p.m., then again from 5:30 p.m. to 6:58 p.m. A voir dire was held to determine the admissibility of two statements given by the accused 1.5 hours apart. The accused argued that his statements were not made voluntarily due to police oppression and were inadmissible on that basis. Further, the accused sought exclusion of the statements under s. 24(2) of the Charter on the basis of a denial of his right to remain silent (s. 7) and an arbitrary detention (s. 9).

The Nova Scotia Provincial Court held that the first statement was obtained due to oppression and was involuntary. The second statement, made 1.5 hours after the first, was causally connected to the first statement and also involuntary. The police arbitrarily detained the accused by waiting 15 hours to commence questioning the accused. This was a serious Charter breach that would have led to the statements being excluded under s. 24(2). The decision on voluntariness was dispositive of the right to remain silent issue.

Civil Rights - Topic 3141

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Arrest - Right to be taken before a court within reasonable time - The police arranged to arrest the accused at 5:59 p.m. and hold him overnight before questioning him the next morning - The justification was to allow the interviewing officers to rest first - Questioning began at 9:30 a.m., 15.5 hours after his arrest, and continued until 4:08 p.m. - After a 1.5 hour break to allow the questioning officers to "re-energize" themselves, questioning re-commenced at 5:30 p.m. and terminated at 6:58 p.m. - Section 503 of the Criminal Code required that the accused be taken before a Justice of the Peace "without unreasonable delay" and, more particularly, within 24 hours - The delay here was 22 hours - The Nova Scotia Provincial Court held that 24 hours was merely the outer limit - It did not give police the right to hold someone up to 24 hours for questioning - An unreasonable delay could occur in less than 24 hours - The court held that the police did not take the accused before a Justice of the Peace "without reasonable delay" - Complying with s. 503 should have taken precedence over the officers being rested - Questioning should have started on the evening that the accused was arrested - The accused was arbitrarily detained (Charter, s. 9) - The police treated "a period of 24 hours" as "an unqualified right to keep" the accused in custody for up to 24 hours without any thought of ensuring that he was taken before a Justice of the Peace "without reasonable delay" - Given that the breach was serious and was temporally and contextually related to the statements obtained, the appropriate remedy was to excluded the statements under s. 24(2) - See paragraphs 61 to 82.

Civil Rights - Topic 3160

Trials - Due process, fundamental justice and fair hearings - Criminal proceedings - Right to remain silent - [See Criminal Law - Topic 5355 ].

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - [See Civil Rights - Topic 3141 ].

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 3141 and 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 3219

Compelling appearance, detention and release - Arrest - Appearance of accused before judge or justice of the peace - [See Civil Rights - Topic 3141 ].

Criminal Law - Topic 5355

Evidence and witnesses - Confessions and voluntary statements - Whether statement was made freely and voluntarily - The accused paramedic was arrested for sexually assaulting an elderly woman - It was decided to arrest him at 5:59 p.m. and hold him overnight before questioning him - The next day he was questioned from 9:30 a.m. until 4:08 p.m., then again from 5:30 p.m. to 6:58 p.m - A voir dire was held to determine the admissibility of two statements given by the accused 1.5 hours apart - The accused briefly spoke with a lawyer before questioning began and was advised not to say anything - The accused attempted to assert his right to remain silent 24 times and continually requested the right to speak with a lawyer in the context of exercising his right to remain silent - Each time, his request was deflected or ignored - The police told the accused that he did not have to say anything, but that they would continue to question him - The Nova Scotia Provincial Court held that the first statement was obtained in an atmosphere of oppression which denied the accused a meaningful choice of whether to speak or not - The police strategy of repeatedly telling the accused that they knew he was guilty, that this was his opportunity to talk, that it was important to hear his side of the story, and that he had to continue to listen to them even if he did not wish to talk to them, contributed to the atmosphere of oppression - The statement was inadmissible as being involuntarily obtained - Further, the accused's s. 7 right to silence was violated - Although there was no such thing as a right not to be spoken to by the police, this style of questioning (repeated assertions that they knew he did it and that he needed to put forward his side of the story) was problematic - Although the second statement (after remand) was not obtained in an atmosphere of oppression (accused requested to speak with the officer) its temporal and causal connection with the first statement rendered it involuntary as well - See paragraphs 45 to 60.

Police - Topic 3107

Powers - Investigation - Questioning of suspects and witnesses - [See Civil Rights - Topic 3141 ].

Cases Noticed:

R. v. Singh (J.) (2007), 369 N.R. 1; 249 B.C.A.C. 1; 414 W.A.C. 1; 2007 SCC 48, refd to. [para. 5].

R. v. Oickle (R.F.) (2000), 259 N.R. 227; 187 N.S.R.(2d) 201; 585 A.P.R. 201 (S.C.C.), refd to. [para. 6].

R. v. Hebert (1990), 110 N.R. 1 (S.C.C.), refd to. [para. 7].

R. v. Reeves (1985), 70 N.S.R.(2d) 165; 166 A.P.R. 165 (Prov. Ct.), refd to. [para. 45].

R. v. L.R.I. and E.T., [1993] 4 S.C.R. 504; 159 N.R. 363; 37 B.C.A.C. 48; 60 W.A.C. 48, refd to. [para. 58].

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161, refd to. [para. 68].

R. v. Koszulap (1974), 20 C.C.C.(2d) 193 (Ont. C.A.), refd to. [para. 69].

R. v. Simpson (D.) (1994), 117 Nfld. & P.E.I.R. 110; 365 A.P.R. 110 (Nfld. C.A.), refd to. [para. 72].

R. v. Mack (D.R.) (2014), 462 N.R. 380; 580 A.R. 41; 620 W.A.C. 41; 2014 SCC 58, refd to. [para. 76].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 503(1)(a) [para. 61].

Counsel:

William Fergusson, Q.C., for the Crown;

Chrystal MacAulay, for the defendant.

This matter was heard on December 22, 2014, at Windsor, N.S., before MacDonald, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on December 23, 2014.

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    ...152−53, 362, 377 R v Karook, [2001] QJ No 983 (CS) ................................................................... 350 R v Keats, 2014 NSPC 108 ................................................................................. 221 R v Kelly (1985), 7 OAC 46, 17 CCC (3d) 419, [1985] OJ No......
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    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...59 R v Kaulback, 2018 NLCA 8 .......................................................................440, 448 R v Keats, 2014 NSPC 108 ..................................................................................300 R v Keegstra (1991), 114 AR 288, 3 CR (4th) 153, [1991] AJ No 232 (CA) ......
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    • June 22, 2017
    ...152−53, 362, 377 R v Karook, [2001] QJ No 983 (CS) ................................................................... 350 R v Keats, 2014 NSPC 108 ................................................................................. 221 R v Kelly (1985), 7 OAC 46, 17 CCC (3d) 419, [1985] OJ No......
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    • Irwin Books Detention and Arrest. Second Edition
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    ..., 2012 BCCA 442 [ Viszlai ]. 166 R v Clarke (2003), 184 CCC (3d) 39 at para 185 (Ont SCJ) [ Clarke ]. 167 See, for example, R v Keats , 2014 NSPC 108 at para 70, where an accused’s interrogation was postponed until the morning after his arrest, which was found not to be reasonable: The just......
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    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...an accused is detained beyond twenty-four hours there was a section 9 violation. 69 61 [1990] 1 SCR 241. 62 See, for example, R v Keats , 2014 NSPC 108; R v W(E) , 2002 NFCA 49 [ W(E) ]; or R v Koszulap (1974), 27 CRNS 226 (Ont CA). Note, in particular, Mendez , above note 60, where police ......

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