Drug trial. Vehicle stop. Police claim to note an odour of marihuana. Accused was questioned and made an incriminating statement. Vehicle then searched. 10(b) rights not read.
Held: Breaches of ss. 8, 10(a), and 10(b). Evidence excluded.
Accused was never told of the reason for his detention, and was not advised of his rights prior to the search. Statement inadmissible as per Mellenthin [1992] SCJ No. 100. “At a minimum, individuals who are detained for investigative purposes must be advised, in clear and simple language, of the reasons for the detention. That did not happen in this case therefore the statement of the young person is not admissible and consequently the items obtained by the subsequent search of the vehicle are not admissible as evidence.”
K. McGowan – Defence Counsel