Trial on charges including drug trafficking and possession of a loaded firearm. Issue regarding alleged 10(a) breach in facilitating the right to counsel. Accused arrested during the execution of a search warrant at 10:30 am. Accused was not given an opportunity to contact counsel until approximately 11:50 am when he was back at the detachment.
Held: No s 10 breach.
As per Nelson, 2010 ABCA 349, the s 10 Charter concept of “without delay” does not necessarily mean “instantly”, and a context driven analysis is required. The decision to delay was premised on a balance between the need for privacy in the execution of the right to counsel, and the security of the police investigation. The accused was not questioned by police during this period, and the police decision to delay allowing the exercise of the right to counsel was reasonable.
R. Hladun – Defence Counsel