Is gathering evidence from an accused prior to his having been informed of his Charter rights breach?
Alberta, Canada
The following excerpt is from R v Croft, 2014 ABQB 207 (CanLII):
Gathering evidence from an accused person prior to his having been informed of his Charter rights and before he has had the opportunity to speak to counsel if he wishes to, is a breach of his Charter s. 10(b) rights. More specifically it has been held that gathering evidence from an accused person in the course of informing him of his Charter rights is a breach of his s. 10(b) rights. (See: R v. Ngo, 2003 ABCA 121 at paras. 28 -31, R v. Rendon [1997] O.J. No 5505 at para. 79.)
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