Hebert was put in a cell with an undercover agent posing as another arrested suspect.

The undercover agent chatted with Hebert and managed to elicit several incriminating statements from him.

On appeal the court found that Hebert's rights were not violated and a new trial was ordered.

[2] Beverley McLachlin, writing for the majority, held that the evidence was inadmissible and upheld the trial judge's ruling.

McLachlin found that the right to silence was a principle of fundamental justice and as such was protected under section 7.