What is the test for an allegation of sexual assault where there is no evidence that there was any hope of advancement or fear of prejudice?

Alberta, Canada


The following excerpt is from R. v. Ancelet, 1986 ABCA 128 (CanLII):

In Ward v. R. (1979), 1979 CanLII 14 (SCC), 7 C.R. (3d) 153 (S.C.). in the judgment of the court Mr. Justice Spence stated at pp.162–63: “… in my view the examination of whether there was any hope of advancement or fear of prejudice moving the accused to make the statements is simply an investigation of whether the statements were “freely and voluntarily made”. In my view, there is a further investigation of whether the statements were freely and voluntarily made, even if no hope of advantage or fear of prejudice could be found in consideration of the mental condition of the accused at the time he made the statements, to determine whether or not the statements represented the operating mind of the accused. In my view. Manning J. engaged in a consideration of both the mental and physical condition of the accused, firstly, to determine whether a person in his condition would be subject to hope of advancement or fear of prejudice in making the statements when perhaps a normal person would not; and secondly, to determine whether, due to the mental and physical condition, the words could really be found to be the utterances of an operating mind.” He then found that Mr. Justice Manning had used the proper test and considered proper matters in arriving at his conclusion.

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