R. v. Burlingham, [1995] 2 S.C.R. 206 is a leading decision on the Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 on the right to counsel under section 10(b)

Section Ten of the Canadian Charter of Rights and Freedoms

Section Ten of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test...

 of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

and the exclusion of evidence under section 24(2)

Section Twenty-four of the Canadian Charter of Rights and Freedoms

Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...

.

Background

Terrence Burlingham was arrested for the October 1984 murders of Denean Worms and Brenda Hughes in Cranbrook, British Columbia. Over a period of four days, he was interrogated by police despite his continued request to see a lawyer. During the interrogation, the police suggested that his parents would be hurt by delaying things and made disparaging remarks about the accused's lawyer. The police later offered to reduce the charge to second degree murder if Burlingham were willing to disclose the location of the murder weapon. Eventually, he agreed and took them to the location where he had hidden the gun that was used to kill Hughes. The crown, however, had not consented to the deal and did not follow through with the bargain. The trial judge found that the deal was an honest mistake. However, since Burlingham did not have access to a lawyer, his rights under section 10(b) were violated. Despite the violation, the murder weapon and several incriminating statements were still admitted. Burlingham was convicted of first degree murder.

The British Columbia Court of Appeal upheld the decision with McEachern C.J. in dissent.

Opinion of the Court

In a six to one decision, the Court found that the evidence should be excluded under section 24(2) of the Charter and overturned the conviction.

On the matter of the use of section 24(2) Iacobucci emphasized: