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Sleeper SCC ruling on defective police cautions will spark new defence bids to exclude evidence

Friday, February 23, 2018 @ 3:57 PM | By Cristin Schmitz

A sleeper Supreme Court judgment that recently threw out a man’s sexual assault conviction because Edmonton police elicited an inculpatory statement from him using a flawed standard caution will generate defence bids to exclude similarly tainted evidence in Alberta, Ontario and any other jurisdictions which also have constitutionally defective standard police cautions, predicts the Edmonton defence counsel who won the case.

In a brief oral ruling from the bench that remained unpublished until Feb. 19, the top court split 4-1 Feb. 14 to overturn the Alberta...