Majority
The judgment of the Court was delivered orally by
//La Forest J.//
La Forest J.
La Forest J. -- It will not be necessary to hear from you Mr. Ehrcke. The Court is ready to hand down judgment. The judgment will be pronounced by Justice Iacobucci.
//Iacobucci J.//
Iacobucci J.
Iacobucci J. -- We are all of the view that this appeal, which comes to us as of right, should be dismissed. We agree with the British Columbia Court of Appeal that the appellant's right to silence under s. 7 of the Canadian Charter of Rights and Freedoms was not violated in this case, and that the Court of Appeal committed no error either in concluding that the appellant's conversation with Constable McGimpsey should have been admitted as evidence or in ordering a new trial on the ground that the conversation might, with a reasonable degree of certainty, have affected the verdict.
Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Beresh DePoe Cunningham, Edmonton.
Solicitor for the respondent: The Attorney General of British Columbia, Victoria.