R. v. Ollerhead, (1990) 86 Nfld. & P.E.I.R. 38 (NFTD)

• Judge: Roberts, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 30, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 38 (NFTD)

R. v. Ollerhead (1990), 86 Nfld. & P.E.I.R. 38 (NFTD);

    268 A.P.R. 38

MLB headnote and full text

R. v. Dianne Patricia Ollerhead

(1989 No. C.B. 412)

Indexed As: R. v. Ollerhead

Newfoundland Supreme Court

Trial Division

Roberts, J.

April 30, 1990.

Summary:

The accused woman was charged with counselling a man to murder her ex-husband. During her trial a voir dire was held to determine the admissibility of statements she made to the police.

The Newfoundland Supreme Court, Trial Division, ruled on the statements accordingly.

Civil Rights - Topic 1217

Security of the person - Lawful and reasonable search - Unreasonable search and seizure - What constitutes - Participant surveillance - A conversation between the accused and her ex-husband was recorded with his consent - The Newfoundland Supreme Court, Trial Division, held that, although the recording of the conversation violated the accused's rights under s. 8 of the Charter, her statements should not be excluded, because the police acted in good faith in accordance with what they thought was the law at that time and the admission of the evidence would not bring the administration of justice into disrepute - See paragraphs 45 to 46.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 1217 ].

Civil Rights - Topic 8550

Canadian Charter of Rights and Freedoms - Interpretation - Particular phrases - Bring the administration of justice into disrepute - [See Civil Rights - Topic 1217 ].

Criminal Law - Topic 5355

Evidence and witnesses - Confessions and voluntary statements - Whether statement made freely and voluntarily - Oppression - What constitutes - The accused woman, who was suspected of attempting to procure her ex-husband's death, agreed to undergo a polygraph test - The pre-test examination, test and post-test examination lasted an unusually long 4.5 hours and the post-test examination was used to break her and extract a confession - The Newfoundland Supreme Court, Trial Division, held that the confession was inadmissible, because it was obtained through oppression - Further, the court stated that a polygraph test (the results of which are inadmissible) is to be used as an investigative tool and not as a means to extract confessions and that the confession was too closely associated with the test to be admissible - See paragraphs 1 to 44.

Evidence - Topic 2723

Special modes of proof - Polygraph - Purpose of - [See Criminal Law - Topic 5355 ].

Cases Noticed:

Ibrahim v. R., [1914] A.C. 599, consd. [para. 20].

R. v. Horvath (1979), 25 N.R. 537; 7 C.R.(3d) 97, appld. [para. 21].

R. v. Ward (1979), 25 N.R. 514; 14 A.R. 412; 7 C.R.(3d) 153, appld. [para. 21].

R. v. Fowler (1979), 23 Nfld. & P.E.I.R. 255; 61 A.P.R. 255, appld. [para. 26].

R. v. Beland and Phillips, [1987] 2 S.C.R. 398; 79 N.R. 263; 36 C.C.C.(3d) 481; 43 D.L.R.(4th) 641, refd to. [para. 29].

R. v. Romansky (1981), 6 Man.R.(2d) 408, consd. [para. 33].

R. v. Nugent (1988), 84 N.S.R.(2d) 191; 213 A.P.R. 191; 42 C.C.C.(3d) 431 (C.A.), appld. [para. 42].

R. v. Sanelli, Duarte and Fasciano, [1990] 1 S.C.R.30; 103 N.R. 86; 37 O.A.C. 322; 53 C.C.C.(3d) 1, appld. [para. 45].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 33 C.C.C.(3d) 1; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 13 B.C.L.R.(2d) 1, appld. [para. 45].

Counsel:

Greg Brown, for the Crown;

William Collins, for Dianne Patricia Ollerhead.

This case was heard before Roberts, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following judgment on April 30, 1990: