Accused charged with refusal to provide a screening breath sample and dangerous driving. After refusing to blow at the roadside, the accused was taken into the detachment to exercise his right to counsel, as he had asserted the same upon arrest. At the detachment the accused told police that he could not find the name of his lawyer in the Yellow Pages. Police did not provide assistance. Police told accused that he could call Legal Aid.
Held: s. 10(b) breach. Evidence not excluded pursuant to 24(2).
Given the information provided by the accused regarding the difficulties that he was having, the police needed to assist the accused in facilitating contact with counsel. “Constable Hall had a duty to either contact 411 directory assistance on behalf of the accused or suggest that to him.” Evidence not excluded as there was no causal link between the breach and the earlier refusal.
S. Virk – Defence Counsel