Can a judge have found that all three of the statements made by the accused were compelled?

The majority found that there was evidence on the basis of which the trial judge could have found that all three of the accused’s statements were compelled. Although the accused had been advised of her Charter rights and exercised her right to counsel prior to the third conversation with the officer, the evidence supported the view that she continued in the honest and reasonably held belief that she was required to report the accident. Furthermore, the accused was under a statutory duty to respond to the officer’s questions and counsel could not lawfully have advised her otherwise. The admission of the statements would constitute a breach of the accused’s s. 7 Charter rights. On this basis, the appeal was dismissed. R v. Fancey