Summary conviction appeal from an impaired driving conviction. 10(b) issue. Accused spent more than 50 minutes in the phone room. At times the accused explained to police various difficulties he was having connecting with a lawyer. Ultimately the accused exited the phone room, and police concluded that he was finished with the phone. Accused testified that he told police that he had left a message for a lawyer. Trial judge found both the police and accused’s evidence to be credible.
Held: Appeal dismissed.
In general, police are under no obligation to question detainees regarding whether they have been successful in contacting counsel: Beauregard, 2016 ABCA 37. Trial judge was not satisfied on a balance of probabilities that accused advised police that he had been unsuccessful in reaching counsel.
P. Northcott – Defence Counsel