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R. v. McIntyre

[1994] 2 SCR 480 Court SCC Decision date 1994-06-14 Docket 23673 English

PartiesMarven McIntyre Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Decision 8–1 Majority (8) · Gonthier J. (1)

On appeal from New Brunswick

Subjects Constitutional law

Contents

Majority

English version of the judgment of the Court delivered orally by

Gonthier J.

Gonthier J. ‑‑ The appellant argues that his statements made to undercover police officers after he had been released but while he was still the subject of a murder charge are inadmissible under ss. 7 and 24(2) of the Canadian Charter of Rights and Freedoms . We share the view of the majority that the accused was not detained within the meaning of Hebert and Broyles. Furthermore, the tricks used by the police were not likely to shock the community or cause the accused's statements not to be free and voluntary. The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Fowler & Fowler, Moncton.
Solicitor for the respondent: The Department of Justice, Fredericton.

Statutes and regulations cited