Can a statement made within the van while in transport be inadmissible?

Ontario, Canada


The following excerpt is from R. v. P.(M.), 2012 ONCJ 842 (CanLII):

[59] The statements made within the van while in transport have been found by the court to be inadmissible for the reasons previously noted. It is clear that a significant contributing factor to the re-opening or at least the opening up of the young person during the course of the second statement was as a result of reference to information obtained during that statement. As a result, defence argues that the second statement is tainted to that extent. Counsel relies on the principles stated in Regina v. McIntosh, [1999] O.J. No.4842, and Regina v. I.(L.)R. and T.(E.), (1993) 1993 CanLII 51 (SCC), 4 S.C.R. 504 in support of that proposition.

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