MANITOBA
Superior Court

R. v. Sawchuk [1997] M.J. No. 186

FACTS: Sawchuk was charged with four counts of arson. Application to exclude evidence on the basis that right to counsel was violated. The police were aware that Sawchuk had Fetal Alcohol Syndrome. After much confusion, he was offered a phone and was read a waiver of right, which he said he understood. He then made incriminating statements.

Held: Application to exclude Sawchuk's statements was allowed. Physical, verbal, and written evidence was excluded. Sawchuk was arbitrarily detained and was not provided the opportunity to contact a lawyer. Police should have made greater effort to ensure Sawchuk understood the situation considering his disabilities. Sawchuk's decision to waive his rights was not informed.