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R v A (2014)

  • Clayton Rice, Q.C.

During this trial on charges of conspiracy and drug trafficking the Crown Attorney called an RCMP officer to testify about conversations he had with the defendant when he was arrested on two occasions. The police officer had worked in the wire room during the wiretap investigation. The voice identification evidence was obtained during the arrests and subsequent detentions. Additional voice identification evidence was to be called from a detective with the Vancouver Police Department who was present when the defendant was interviewed as a victim in an unrelated assault two years previously. Mr Rice objected to the evidence gathered during the arrests because it was obtained in breach of his client’s right to counsel under s 10(b) of the Charter of Rights. He also objected to the testimony of the Vancouver detective because that evidence was disclosed during the trial in breach of his client’s disclosure rights under s 7 of the Charter. The trial judge agreed and the voice identification evidence was excluded from the trial.

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