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MANITOBA - Superior Court: R. v. Bohemier [2002] M.J. No. 313 |
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MANITOBA
Superior Court
R. v. Bohemier [2002] M.J. No. 313
http://www.canlii.org/mb/cas/mbqb/2002/2002mbqb198.html
FACTS: Application by the Crown to admit Bohemier's statement to the police. Two fires were reported by the accused. Police advised the accused that he was being detained. The police were aware that the accused was lacking in cognitive abilities. The accused eventually admitted to causing the fires. He was schizophrenic, had fetal alcohol syndrome, and was hearing impaired.
HELD: Application to admit Bohemier's statement was dismissed. The police were oppressive under the circumstances of Bohemier's abilities. The police were aware of Bohemier's mental conditions, childlike capacities, and the fact that Bohemier had not taken his medication. The police should have acted accordingly. The statement was therefore involuntary and inadmissible.
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