Majority
The judgment of the Court was delivered orally by
Dickson C.J.
1. The Chief Justice‑‑It will not be necessary to hear from you Mr. Frankel. The judgment of the Court will be given by La Forest J.
La Forest J.
2. La Forest J.‑‑While there was a breach of s. 10(b) of the Canadian Charter of Rights and Freedoms in that the appellant was not informed of his right to retain and instruct counsel when he was initially detained, the evidence adduced was not obtained as a result of that breach but, as the trial judge found, was completely voluntary after he had been informed of his right to counsel. The evidence was thus not obtained in a manner that infringed or denied a Charter right within the meaning of s. 24 of the Charter and should consequently not be excluded. The appeal is, therefore, dismissed.
Judgment accordingly.
Solicitors for the appellant: McCrea, Paul & Long, Vancouver.
Solicitor for the respondent: S. David Frankel, Vancouver.