In which confessions are excluded because of a reasonable doubt about the utterance of an operating mind?
Alberta, Canada
The following excerpt is from R. v. Sawchyn, 1981 ABCA 173 (CanLII):
Martland, J. then reviewed the facts and the decisions in Horvath v. The Queen (supra) and Ward v. The Queen (supra) and quoted from them. He said: "Horvath and Ward are cases in which, although there had been no fear of prejudice or hope of advantage held out by a person in authority, the confessions were excluded essentially because of the existence of a reasonable doubt as to whether the confession in question was 'the utterance of an operating mind'."
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