Two police officers left the accused in a polygraph room, which was equipped with a hidden microphone and hidden video camera. The officers entered the adjacent room and observed and recorded the accused falling to his knees, saying “Oh God, let me get away with it just this once”. The trial judge concluded that the statement was inadmissible as a private communication with God.
In my opinion, the word "person" is used in the statutes of Canada to describe someone to whom rights are granted and upon whom obligations are placed. There is no earthly authority which can grant rights or impose duties upon God. I can find no reason to think that the Parliament of Canada has attempted to do so in the enactment of sections of the Criminal Code dealing with the protection of privacy.
R. v. Davie (Westlaw Canada)
1980 CarswellBC 584 (westlaw Canada)
British Columbia Court of Appeal