Cases

SCC Case Information

Summary

32969

Donald Russell McCrimmon v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)

Keywords

Canadian charter - criminal.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

(Publication ban in case)

Charter of Rights - Constitutional law - Right to counsel - Reasonable opportunity to contact counsel of choice - Right to silence - Whether s. 10(b) of the Charter requires police to suspend questioning when detainee asserts right to counsel prior to and during interrogation.

Mr. McCrimmon was charged on an eight-count indictment with a number of offences relating to assaults committed against four women during a two-month period in 2005. At a voir dire, Mr. McCrimmon’s statement to police, in which he had implicated himself in certain offences of which he was later convicted, was ruled voluntary and it was decided that he had not been denied his right to counsel. At trial, he was convicted of two counts of sexual assault and two counts of administering a noxious substance. On appeal, Mr. McCrimmon argued that the trial judge erred in admitting the statement made by him to the police following his arrest. The Court of Appeal found that both Mr. McCrimmon’s right to counsel and his right to silence had not been breached. The appeal was therefore dismissed.