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The Queen v. Johnny T. (North York)

Johnny T. was charged with a series of residential break-and-enter offences after he was chased by a sleepless neighbor who saw him removing a TV from a home in the middle of the night. His fingerprints matched a series of recent break-ins at other homes in the neighbourhood. During police interrogation, Johnny confessed to the break-in where he had been caught red-handed. The problem was that at the time that the detective persuaded him to confess, they knew that he was linked to twelve other crime scenes, which made the circumstances he was facing much more serious. He had been allowed to talk to his lawyer early on, but at that time he thought the police were only investigating him for one crime. One failed B&E is one thing; twelve successful ones is a much more serious matter. By failing to inform Johnny that he was suspected in thirteen cases, the police failed to inform him of the extent of his jeopardy and to offer him the opportunity to seek legal advice about his new situation. As a result, his confession was excluded as a violation of his rights under sections 10(a) and 10(b) of the Charter of Rights.


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