Her husband was in the living room slumped in a chair with a bullet hole in his head.

During interrogation, Estey was present and made several attempts to stop Clarkson from answering and insisted that she get a lawyer.

Justice Wilson, writing for the majority, held that the trial judge was correct, and that Clarkson should be acquitted.

She proposed that an accused must satisfy an "awareness of the consequences test" to properly waive their rights.

On the facts, there was evidence that due to her intoxication, Clarkson was not entirely aware of the consequences of her waiver.