Insider

The plaintiff was successful on the motion.

In anticipation of an attack on the adequacy of the police investigation as a defence to the first-degree murder charge, the Crown sought to lead some investigative hearsay evidence. Although a voir dire was held, the Court declined to rule on its admissibility in the absence of any indication that the accused would be raising such a defence.

No basis to interfere with finding accused did not invoke his right to speak to counsel under s. 10(b) of the Charter of Rights and Freedoms

Ontario Power Generation Inc. v. Greenpeace Canada | 2015 CarswellNat 4258 | Federal Court of Appeal