Client charged with impaired driving and refusal of a breath demand. Defence filed Charter notice alleging breach of client’s right to counsel asserting the client never got ahold of a lawyer, and was not provided with a reasonable opportunity to do so as never provided with legal aid duty counsel numbers, only phone books. Client forced to make calls to lawyers sitting on floor of holding cell staring at a toilet. First trial adjourned by Crown (over defence objections) because it failed to disclose video tapes of client in holding cell to the defence despite a number of requests and formal Charter notice that same had not been disclosed. Crown electing to stay proceedings against client prior to second trial date.
July 3, 2012