Appeal from convictions for flight from police, impaired and dangerous driving, and robbery. Following a chase, police located vehicle in a ditch and the appellant beside it. Appellant was chartered and cautioned and indicated he wanted to speak with a lawyer at the police station. Appellant was taken to hospital to be treated for injuries, and later released from hospital on promise to appear, but never spoke with counsel. Impugned statements were made at the time of release.
Held: No s 10(b) breach; appeal dismissed.
“The appellant primarily relies on the police’s requirement to hold off to assert the s 10(b) breach. The specific finding of the trial judge was that, on these facts, they did hold off. In the process of releasing the appellant on a promise to appear, the appellant voluntarily apologized to the police for his driving of the vehicle and endangering their lives. The duty to hold off does not go so far as to deem these particular voluntary unsolicited spontaneous utterances inadmissible under the Charter.”
D. Knisely – Defence Counsel