CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Protection against arbitrary detention or imprisonment

Law360 Canada (December 9, 2022, 12:47 PM EST) -- Appeals by Beaver and Lambert from a decision of the Alberta Court of Appeal that confirmed their convictions for manslaughter. The appellants and the victim were roommates. Lambert called 911 to report the victim was dead in a pool of blood. He admitted there had been altercations between the roommates during the previous week. Police officers who responded to the call breached the appellants’ Charter rights by detaining them under the non-existent Medical Examiners Act and taking them to the police station without lawful authority. When homicide detectives realized the appellants’ Charter rights had been breached, they advised the appellants of their Charter rights and arrested them for murder. Eventually both appellants confessed to killing the victim during a fight. The trial judge admitted the appellants’ confessions after finding the confessions were voluntary and that the homicide detectives had cured the Charter breaches. The Court of Appeal found no reviewable error in the trial judge’s assessment of voluntariness and agreed the confessions were not obtained in a manner that breached the Charter....
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