Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Finck et al. - 2005 NSSC39

 

Date: 20050223                                                                                            Docket: CR. No.228086

Registry: Halifax

    

Between:

                                               Her Majesty the Queen                                                                          

                                                                                           

-and-

 

Lawrence Ross Finck and Carline VandenElsen

 

                                                                   

 

LIBRARY HEADING

 

Judge:        The Honourable Justice Robert W. Wright

 

Heard:        February 2, 7 and 10, 2005 at Halifax, Nova Scotia

 

Written

Decision:     February 23, 2005

 

Subject:      Admissibility of videotaped statement given to police by person in custody.  

 

Summary:   The accused was arrested following an armed standoff with police and was subsequently charged with abduction of a child contrary to a custody order, unlawful confinement, obstruction of police and a series of related firearm offences.  He was taken to the police station and informed of his Charter rights and the standard police caution.  He was then interrogated by police until approximately 3 oclock the next morning, near the end of which he provided the police with incriminating information.  The Crown requested a voir dire to determine the admissibility of this statement at trial. 

 

 


 

Issue:   Voluntariness under common law of the statement given by the accused to the police. 

 

Result:   After a review of the principles articulated by the Supreme Court of Canada in R. v. Oickle [2000] 2 S.C.R. 3, a case in which the court ruled on the common law limits on police interrogation, a finding was made that the Crown had satisfied the burden of proving beyond a reasonable doubt the voluntariness of the statement given by the accused to the police.

 

 

 

 

 

 

 

 

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