Is there any case law supporting the argument that a person has an operating mind?
Alberta, Canada
The following excerpt is from R. v. Karas, 2004 ABQB 197 (CanLII):
McLachlin J. stated at paragraph 27 that the modern Canadian confessions rule accepted some aspects of this approach to the extent that it presupposed an "operating mind:" Horvath v. The Queen, 1979 CanLII 16 (SCC), [1979] 2 S.C.R. 376; and Ward v. The Queen, 1979 CanLII 14 (SCC), [1979] 2 S.C.R. 30, but that it did not otherwise acknowledge the mental element involved in choice.
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