I: Overview – (0:00:44)

II: Facts – (0:02:16)

III: Judgments Below – (0:06:46)

IV: Analysis – (0:09:00)

A: Breach of the Charter – (0:09:02)

1: The Meaning of Detention Under the Charter – (0:10:06)

a: The Positions of the Parties – (0:10:10)

b: Interpretative Principles – (0:11:32)

c: The Purpose of the Rights Linked to Detention – (0:13:02)

d: Defining Detention – (0:17:12)

2: Was the Appellant Detained Prior to Incriminating Himself? – (0:35:17)

3: Was the Detention Arbitrary Under Section 9? – (0:39:22)

4: Was the Appellant’s Section 10 sub b Right to Counsel Infringed? – (0:42:05)

B: Exclusion of the Evidence – (0:43:00)

1: Background – (0:43:03)

2: Overview of a Revised Approach to Section 24(1) – (0:48:20)

a: Seriousness of the Charter-Infringing State Conduct – (0:51:38)

b: Impact on the Charter-Protected Interests of the Accused – (0:54:41)

c: Society’s Interest in an Adjudication on the Merits – (0:56:20)

3: Application to Different Kinds of Evidence – (1:02:13)

a: Statements by the Accused – (1:02:38)

b: Bodily Evidence – (1:08:12)

c: Non-Bodily Physical Evidence – (1:16:34)

d: Derivative Evidence – (1:18:27)

4: Application to This Case – (1:25:40)