Following arrest for robbery, accused asserted his 10(b) rights. Accused taken to the detachment, and placed in phone room. After 5 minutes police observed that accused was no longer on the phone, they entered the room and asked “are you done?” to which accused replied “yes”. Trial judge found a 10(b) breach.
Held: Appeal allowed.
No 10(b) breach. The police are entitled to rely on what a detainee tells them, analyzed objectively. Reasonable for police to conclude that the accused’s response meant that he was finished contacting counsel. “The trial judge, however, superimposed a further positive obligation on the police to ask the respondent if he had in fact contacted counsel. No authority extending the duty that far has been presented to the Court.”
L. Garcia – Defence Counsel