YUKON TERRITORY
Supreme Court

YUKON TERRITORY - Supreme Court: R. v. Henry [1996] Y.J. No. 39

FACTS:  The objective of this trial was to determine whether several statements made by the accused were admissible.  Dr. Lee Anne, a psychiatrist, described the accused as having severe mental deficits as a result of FAS.  The accused made several inculpatory statements while he was detained. 

HELD:  The statements were deemed inadmissible because the accused was not instructed of his rights.  Furthermore, the judge believed that the accused most likely felt compelled to provide the statements, and thus did not offer them voluntarily.